@JUDGMENTTAG-ORDER
N.K. Patil, J.@mdashThe petitioner, questioning the correctness of the order of detention dt. 22.8.2014 passed by respondent No. 2 in No. MAG(1)-CR-38/38181/2014-15 vide Annexures A and B and confirmation order of detention dated 30.8.2014 passed by respondent No. 1 in G.O. No. HD 450 SST 2014 produced at Annexure E and also the extension order of detention dt. 25.9.2014 passed by the first respondent vide Annexure F has presented this writ petition. Further, he has sought for a direction to the 5th respondent to release the detenue-Imtiaz @ Mirchi S/o. Rafiq Ahamed, in the interest of justice and equity.
2. The petitioner is a friend/neighbour of the detenue. Since the detenue is unable to approach this Hon''ble Court questioning the correctness of his illegal detention, the petitioner being a well wisher and friend of the detenue has filed this petition contending that detenue was taken to custody on 22.8.2014 on the alleged detention order against the detenue passed by the Competent Authority holding that the detenue is habitually committing or attempting and abetting the commission of offences mainly under the Karnataka Police Act like gambling, matka or betting with any game of chance from the year 2005 and further observing that the conduct of the detenue is prejudicial to maintenance of the public order and that he is involved in more than 30 cases out of which 27 cases fall under Karnataka Police Act registered in different police stations in Shivamogga, two cases in respect of NDPS Act one under Section 110 Cr.P.C. proceedings has presented this writ petition.
3. That out of 27 cases under Police Act, in 7 cases there was order of acquittal and in some cases, he is convicted and sentenced to pay fine and other cases are pending adjudication in Jurisdictional courts. It is alleged based on the above material, the detenue is involved in illegal activities and charges against him of serious nature. Therefore, to prevent the illegal activities of detenue as it is prejudicial to the maintenance of the public order, second respondent herein has passed the detention order. The same has been confirmed by the State Government. Thereafter the matter has been placed for the opinion of the Advisory Board of the State. Thereafter the State Government by its order dated 25.9.2014 extended the detention of the detenue for a period of 12 months from the date of detention order dt. 22.8.2014. Being aggrieved by the impugned orders as referred to above, the petitioner herein felt necessitated to present this writ petition.
4. The learned counsel for the petitioner submits that the order of detention is in violation of Article 22(5) of the Constitution of India and that the subject matter involved in the instant case is directly covered by the order dt. 7.7.2014 passed by the Division Bench of this Court in W.P.(HC) No. 1 of 2014 (Smt. Pavitra - v. -Deputy Commissioner and District Magistrate, Bangalore District, Bangalore) wherein the Division Bench of this Court following the judgment of the Apex Court in the case of
5. As against this the learned AGA inter alia contended and sought to substantiate the impugned orders passed by the Competent Authorities stating that the same are strictly in accordance with the concerned Act and Rules, there is no violation as such under Article 22(5) of the Constitution of India. Further he is quick to point out and submit that the detenue is in the habit of committing or attempting or abetting the commission of offences mainly under the Karnataka Police Act like gambling, matka, betting etc. and is involved in more than 30 cases out of which 27 cases fall under Karnataka Police Act registered in different police stations in Shivamogga, two cases in respect of NDPS Act one under Section 110 Cr.P.C. proceedings. That out of 27 cases under Police Act, in 7 cases there was order of acquittal and some cases he is convicted and sentenced to pay fine and other cases are pending adjudication in Jurisdictional courts. The ground taken by the petitioner''s counsel that the petitioner had been acquitted in several cases cannot be considered to be a ground to consider his request as he has been involved in criminal activities for more than a decade and therefore, submitted that the writ petition may be dismissed as devoid of merits.
6. After careful consideration of the submission of the learned counsel for the petitioner and the learned AGA for the respondents and after careful perusal of the order relied upon by the learned counsel for the petitioner in W.P.(HC) No. 1 of 2014 (Smt. Pavitra - v. -Deputy Commissioner and District Magistrate, Bangalore District, Bangalore) wherein the Division Bench of this Court following the judgment of the Apex Court in the case of
7. Having regard to the facts and circumstances of the case, the instant petition is allowed.
The order of detention dated 22.8.2014 passed by respondent No. 2 in MAG (1)-CR-38/2014-15 vide Annexures A and B, confirmation order of detention dated 30.8.2014 passed by respondent No. 1 in G.O.NO.HD 450 SST 2014 vide Annexure E and also the extension order of detention dated 25.9.2014 passed by respondent No. 1 in G.O.NO.HC 450 SST 2014 vide Annexure-F are hereby quashed.
Respondent No. 5 is directed to release the detenue immediately, if he is not required in any other case.
