1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.360 OF 2002 Mohan s/o Dattatraya Jain, Age : 40 years, Occupation : Service as Authorised Naukar in CL-III Shop, R/o Pachod, Taluka Paithan, District Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra Through the Secretary, Home Department, Mantralaya, Mumbai 2. The Superintendent of Police, Aurangabad (Rural) 3. Shamsundar s/o Manikrao Choudhari, Age : 37 years, Occupation service as Police Sub Inspector, Chikalthana Police Station, Aurangabad (Rural), at present Posted at Karmad Police Station, Karmad, District Aurangabad ..RESPONDENTS Mr S.S. Deo, Advocate for the petitioner; Mr K.J. Ghute Patil, A.P.P. for respondents no.1 & 2; Mr S.M. Godsay, Advocate for respondent no.3. CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ. DATE : 8th February, 2010 2 ORAL JUDGMENT (PER P.V. HARDAS, J.) This is a petition under Article 226 of the Constitution of India by which the petitioner prays for awarding compensation of Rs.1,00,000/- for his illegal arrest and detention on 14.3.2001. The petitioner also prays that respondents no.1 & 2 be directed to initiate suitable Departmental Enquiry against respondent no.3. 2. It appears that the petitioner came to be arrested by respondent no.3 on 14.3.2001 at about 8.30 p.m. in respect of the commission of offence under section 66 (1) (b), 81 and 83 of the Bombay Prohibition Act. The petitioner was accordingly produced before the Judicial Magistrate First Class, Aurangabad on 15.3.2001 and eventually released on bail. According to the petitioner, the petitioner came to be acquitted by the Judicial Magistrate First Class, 10th Court, Aurangabad by judgment dated 2.8.2002 in Summary Criminal Case No. 1513 of 200. 3. The petitioner alleges several breach of the directives issued by the Supreme Court in D.K. Basu vs. State of West Bengal, AIR 1997 S.C. 610. The respondents in their affidavits in reply have demonstrated that there was no breach of the directives issued by the Supreme Court in D.K. Basu vs. State of West Bengal (supra) and consequently the petitioner is not entitled to be paid any compensation. We have perused the affidavit in reply and according to us no case for grant of any 3 compensation for breach of the directives of the Supreme Court or on account of any illegality committed by respondent no.3 in the arrest of the petitioner and his detention has been made out. There is, therefore, no merit in the petition and the petition is dismissed. Rule stands discharged with no orders as to costs. ( SHRIHARI P. DAVARE, J.) ( P.V.HARDAS, J.) amj/criwp360.02