AMJADULLA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) THE detention order passed by the Commissioner of Police, Bangalore dated 18 -3 -2015 under Section 3(2) read with Section 3(1) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug -Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum -Grabbers Act, 1985 ('Goonda Act' for short) and the order of confirmation passed under Sections 12(1) and 13 of the Goonda Act, are called in question in this writ petition. Sri Lakshmikanth Rao, learned Advocate appearing on behalf of the petitioner taking us through the grounds of detention and the order of detention submits that the crimes noted in the grounds of detention, based on which the detention order is passed are not having proximity to the detention order, inasmuch as the crimes as noted in the grounds of detention are committed either in the year 2014 or prior thereto. He further submits that the last crime committed by the detenue is on 19 -5 -2014 and therefore the order of detention is liable to be quashed since the crimes noted in the order of detention suffer from remoteness.

(2.) AS could be seen from the facts alleged in all the aforementioned nine cases, it is clear that the detenue is involved in possessing and distribution of a narcotic drug ganja, i.e., cannabis (hemp). In all the matters she has absconded for avoiding arrest. Till passing of the order under the Goonda Act, the presence of the detenue could not be secured by the police. The detenue remained hiding and consequently, she avoided arrest. In view of the same, it is not open for the detenue to contend that the cases which are registered against her suffer from remoteness. Since the detenue could not be arrested in any of the criminal cases arising out of NDPS Act or under Indian Penal Code, 1860 because of her abscondence and hiding, she cannot take advantage of the same. Looking to the facts found in the grounds of detention, we are satisfied that the detenue purposely avoided arrest and she has absconded.