SHUBHAM BALASAHEB KARDULE vs THE STATE OF MAHARASHTRA AND OTHERS — WP/135/2026
Case under Constitution of India Section 226,227,14,19,21,22. Disposed: Contested--RULE ABSOLUTE on 07th May 2026.
CNR: HCBM030033062026
e-Filing Number
14-01-2026
Filing Number
WP/838/2026
Filing Date
21-01-2026
Registration No
WP/135/2026
Registration Date
22-01-2026
Judge
HON'BLE SHRI JUSTICE SANDIPKUMAR C. MORE , HON'BLE SHRI JUSTICE ABASAHEB D. SHINDE
Coram
HON'BLE SHRI JUSTICE SANDIPKUMAR C. MORE , HON'BLE SHRI JUSTICE ABASAHEB D. SHINDE
Bench Type
Division
Judicial Branch
Criminal
Decision Date
07th May 2026
Nature of Disposal
Contested--RULE ABSOLUTE
Acts & Sections
Petitioner(s)
SHUBHAM BALASAHEB KARDULE
Adv. Z. H. Farooqui
Respondent(s)
THE STATE OF MAHARASHTRA AND OTHERS
Adv. APP for R.Nos.1 to 4. 1123
The District Magistrate, Beed
The District Superintendent of Police
Jail Superintendent
Hearing History
Judge: HON'BLE SHRI JUSTICE SANDIPKUMAR C. MORE , HON'BLE SHRI JUSTICE ABASAHEB D. SHINDE
FOR ADMISSION - FRESH - CRIMINAL SIDE MATTERS
FOR ADMISSION - FRESH - CRIMINAL SIDE MATTERS
| Date | Purpose |
|---|---|
| 10-03-2026 | FOR ADMISSION - FRESH - CRIMINAL SIDE MATTERS |
| 07-04-2026 | FOR ADMISSION - FRESH - CRIMINAL SIDE MATTERS |
Orders
Case Summary: WP/135/2026 The High Court of Bombay (Aurangabad Bench) allowed the petition and quashed the detention order against Shubham Balasaheb Kardule, a 25-year-old laborer detained under the Maharashtra Prevention of Dangerous Activities (MPDA) Act as an alleged "sand smuggler." The court found the detention order legally unsustainable because: (1) the FIR allegations showed only that the petitioner removed a tractor head from police custody, with no evidence he engaged in unauthorized sand extraction, transportation, or storage—failing to satisfy the statutory definition of "sand smuggler"; and (2) the in-camera witness statements relied upon were vague, unverified, and lacked specific details, violating Article 22(5) constitutional safeguards. The court also distinguished between "law and order" and "public order," holding that a single incident without a "live link" to imminent public disturbance cannot justify preventive detention. Consequently, all detention and confirmation orders were quashed and the petitioner ordered released. This case analysis is maintained by casestatus.in based on publicly available court records.
Case Summary: WP/135/2026 The High Court of Bombay (Aurangabad Bench) allowed the petition and quashed the detention order against Shubham Balasaheb Kardule, a 25-year-old laborer detained under the Maharashtra Prevention of Dangerous Activities (MPDA) Act as an alleged "sand smuggler." The court found the detention order legally unsustainable because: (1) the FIR allegations showed only that the petitioner removed a tractor head from police custody, with no evidence he engaged in unauthorized sand extraction, transportation, or storage—failing to satisfy the statutory definition of "sand smuggler"; and (2) the in-camera witness statements relied upon were vague, unverified, and lacked specific details, violating Article 22(5) constitutional safeguards. The court also distinguished between "law and order" and "public order," holding that a single incident without a "live link" to imminent public disturbance cannot justify preventive detention. Consequently, all detention and confirmation orders were quashed and the petitioner ordered released. This case analysis is maintained by casestatus.in based on publicly available court records.
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