SAGAYA MARY Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) Present petition is filed by the mother of the detenue seeking issue of a writ in the nature of habeas corpus or any other writ or direction declaring the detention of detenue, namely, Raju @ Raju Dorai, S/o.Alexander, by the order No.3CRM(4)DTN/20-21 dtd. 9/3/2021 at Annexure-A passed by Respondent No.1 and approved by Respondents 2 and 3 by Order No.HD/36/SST/2021 dtd. 18/3/2021 and 8/4/2021 at Annexures-C and D as illegal and to set the detenue at liberty.

(2.) The case of the petitioners is that her son the detenue is in judicial custody since 16/2/2021 pursuant to a Case registered in Crime No.22/2021 of Biappanahalli Police and has been lodged in Central Jail, Bangalore. That Indira Nagar Police has got issued a body warrant against the detenue in Criminal Case No.13/2021 registered on 24/1/2021.

(3.) That when the detenue is already in judicial custody since 16/2/2021, the present order of detention at Annexure-A has been passed by the Respondent No.1 under Sec. 2(g) of the Karnataka Prevention of Dangerous Activities of Boot Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video or Audio Pirates Act, 1985 (Karnataka Act No.12 of 1985).