VARALAKSHMI M.S. Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) In this petition under Article 226 of the Consitution of India., the petitioner who is the mother of the detenue viz., Sagar has assailed the validity of the order of detention dtd. 29/9/2022 as well as the order dtd. 6/10/2022 passed under the provisions of Karnataka Prevention of Dangerous Activities of Bootleggers, Drug offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers and also Video and Audio Pirates Act, 1985 (hereinafter referred to as 'the Act' for short).

(2.) Facts giving rise to filing of this petition briefly stated are that the petitioner is the mother of the detenue viz., Sagar. The detenue was arrested on 1/9/2022 by Girinagar Police Station in connection with crime No.253/22 for the offences punishable under Ss. 307, 504, 506 read with Sec. 34 of the Indian Penal Code, 1860 and Sec. 251(B) of the Arms Act, 1959. Admittedly, 7 other cases are pending against the detenue, which are as under: <IMG>JUDGEMENT_967_LAWS(KAR)6_2023_1.jpg</IMG>

(3.) The report was submitted to the Commissioner of Police. Thereupon an order of detention under Sec. 3(1) of the Act was passed on 29/9/2022. The aforesaid order was forwarded by Commissioner of Police Bangalore to the State Government for confirmation. The State Government by an order dtd. 6/10/2022 passed under Sec. 3(3) of the Act confirmed the order passed by the Commissioner of Police. The Advisory Board on 2/1/2022 recommended that there are sufficient grounds for detention of the detenue under the Act. Thereafter, by an order dtd. 5/11/2022, the State Government confirmed the detention of the son of the petitioner under Sec. 13 of the Act.