Mumbai, September 7, 2026: The Bombay High Court has quashed the preventive detention of a four-month pregnant woman from Pune under the Maharashtra Prevention of Dangerous Activities (MPDA) Act, observing that the police could not claim that ordinary laws were insufficient when they had failed to use available legal remedies against her.

A bench of Justices Sarang Kotwal and Ranjitsinha Raja Bhonsale set aside the June 30 detention order against Usha Sakat, who had been detained in Kolhapur Central Prison after being classified as a “bootlegger” under the MPDA Act.

The court ordered her immediate release, unless required in any other case.

Woman Challenges Detention

Sakat had challenged the detention order, arguing that she was four months pregnant and there was no need for her continued detention. Her counsel also contended that the authorities had wrongly concluded that ordinary criminal laws were inadequate to curb her alleged activities.

The State, however, opposed the petition, submitting that Sakat had repeatedly committed offences and that she would receive proper medical care and facilities during her pregnancy.

The court noted that 11 offences had been registered against her between 2023 and 2025, all relating to alleged violations of the Maharashtra Prohibition Act. However, she was arrested only once. On the other occasions, she was served notices and was not arrested.

Court Questions MPDA Grounds

The detention order was primarily based on one registered offence from February 2026 and two confidential or “in-camera” witness statements.

The court found that the allegations in the two confidential statements related to acts that could fall within the definition of a “dangerous person” and not a “bootlegger” under the MPDA Act.

“Reaching subjective satisfaction that she was a ‘bootlegger’ based on these two instances… is not proper and shows non-application of mind,” the court said.

The judges also noted that Sakat had executed a Rs 50,000 bond for good behaviour for two years in May 2025. The bond remained in force until May 2027.

Police Failed To Use Legal Remedy

According to the police, she committed another offence during this period. However, instead of taking action for an alleged breach of the bond, the authorities withdrew the preventive proceedings and passed the detention order within four days.

The court said the authorities had powers under the Bharatiya Nagarik Suraksha Sanhita to cancel the bond and take her into custody if she had breached its conditions.

“The normal laws of land” could not be termed insufficient when the police had failed to exercise these powers, the bench observed.

The court also noted that Sakat was not arrested in connection with the February 2026 offence and was only served a notice.

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Bombay HC Quashes MPDA Detention Of 4-Month Pregnant Woman, Says Police Failed To Use Normal Legal Remedies