NAUSHEENA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is the wife of the detenue - Althaf, s/o.Abdul Khader. He has been detained under the provisions of Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum- Grabbers Act, 1985 (hereinafter called as the "Act" for the sake of brevity).

(2.) The second respondent - Commissioner of Police, Mangalore City, has passed the order of detention on 23/04/2016 and the Kannada translation of the said order was furnished to the detenue on the same date vide Annexure "A" and "A-1" respectively. The grounds of detention along with its Kannada translation were furnished to the detenue and they are at Annexure "B" and "B-1" respectively. The detention was approved by the State Government by order dated 30/04/2016 vide Annexure "C".

(3.) In a nutshell, it is stated in the grounds of detention that the detenue is involved in several criminal activities within the limits of Ullala Police Station, D.K. Dist., damaging Government property, obstructing the police from discharging their duties by causing injuries, committing acts of kidnapping, extortion, dacoity and attempt to murder in collusion with anti-social elements. As a result, Ullala Police has opened a rowdy sheet against the detenue on 14/05/2010. The activities of the detenue have created problems for the law abiding citizens and therefore, the provisions of the Act have been invoked against the detenue. Further, in the grounds of detention, reference has been made to Crime Nos.134/2010, 356/2013, 242/2014, 99/2016 of Ullala Police and Crime No.179/2015 of Mangalore East Police. That Crime No.179/2015 is under investigation while in the first four cases, charge sheets have been filed and the trial is under progress.