CHANDRAMMA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The order of preventive detention dated 27.8.2015 passed by the second respondent vide Annexure-"A" under Section 3(2) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985 and the order dated 17.10.2015 passed by the first respondent vide Annexure-E under Sections 12(1) and 13 of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers and Video or Audio Pirates Act, 1985 are called in question in this writ petition.

(2.) The Detaining Authority/second respondent having satisfied that the petitioner is a habitual "Gambler" as defined under Section 2(f) of Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985, ("the Act" for short) has passed the order of detention dated 27.8.2015 under Section 3(2) of the Act. The grounds for detention were also furnished along with the detention order to the detenue (petitioner's son) as per Annexure-"C" dated 27.8.2015. However, the detenue did not choose to make any representation either through the Detaining Authority or the State Government or the Advisory Board. Ultimately, the first respondent passed the order dated 17.10.2015 as per Annexure-E under Sections 12(1) and 13 of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers and Video or Audio Pirates Act, 1985, confirming the order of detention. The first respondent has specified that the detention order will continue for a period of 12 months.

(3.) The grounds for detention served on the detenue, disclose that the Detaining Authority has narrated the facts of four cases, in which the detenue was involved in the crimes from the year 2012 to 2015 i.e. Crime Nos.49/2012, 155/2013 and 5/2014 registered in Bhadravathi Old Town Police Station.