SHAIKH FEROZ Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The petitioner is the brother of the detenue. The detenue is a petty businessman. The respondent having formed an opinion that the detenue having involved himself in various criminal cases lodged against him and is habitually indulging in Matka etc., which is also the gambling, the order of detention was passed against him. While passing the order of detention, the various criminal cases were also taken into consideration by the Detaining Authority. The said Detaining Authority has passed the order under Sections 3(1), 8 of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug offenders, Gamblers, Goondas, Immoral Traffic offenders and slum Grabbers Act, 1985 (for short 'Act'). Hence, the present petition is filed.

(2.) We have considered the grounds urged in support of the contention.

(3.) Learned counsel for the petitioner primarily contends that even though the detenue was involved in various criminal cases, which have been lodged against him and some cases were pending, the Detaining Authority has not applied its mind, while passing the detention order. That the detenue was on bail in those cases, which have been lodged against him. The detention order does not even make reference of the orders that the detenue was on bail. Therefore, there is non-application of mind. Hence, the impugned order of detention requires to be quashed. He relies on the decision of Hon'ble Supreme Court in the case of Rushikesh Tanaji Bhoite Vs. State of Maharashtra and Ors, 2012 AIR(SC) 890.