MOHAMMED HAMEED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the detenue who is presently detained in Central Prison, Parapanna Agrahara, Bengaluru, assailing the order of detention dtd. 17/3/2022 passed by respondent no.2 and the order of confirmation dtd. 5/5/2022 passed by respondent no.1 as per Annexures-A & F, respectively, and further to direct respondent no.3 to release the detenue forthwith.

(2.) Heard the learned Senior Counsel appearing for the detenue and the learned SPP-2 appearing for respondent nos.1 to 3, and also perused the material available on record.

(3.) Facts leading to filing of this petition briefly narrated are, an order of detention under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, 'the Act') was passed on 17/3/2022 by respondent no.2 and the grounds of detention was also served on the detenue on the very same day. Thereafter, respondent no.2 had forwarded the order of detention along with the grounds of detention to respondent no.1 for confirmation on 24/3/2022. The detenue was produced before the Advisory Board on 20/4/2022 and on the said date, the detenue has also submitted a representation to the Advisory Board. The Advisory Board had forwarded a report to respondent no.1 stating that it was satisfied that there were sufficient grounds for passing the order of detention against the detenue and upon receipt of the same, respondent no.1 has passed the order of confirmation on 5/5/2022. The detenue is before this Court challenging the order of detention and the order of confirmation dtd. 17/3/2022 & 5/5/2022, respectively.