SHAKILA BANO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By means of this petition preferred under Article 226 of the Constitution of India, the petitioner who is the wife of Babu Singh Sikarwar has impugned the order dated 5 th April 2012 passed by Under Secretary Home Department to the State of M.P. Bhopal under Section 12 (1) of the National Security Act 1980 whereby the order passed by the District Magistrate Guna dated 22 nd Feb.2012, has been made absolute with extension of period from the order of detention till 21 st February,

(2.) The prejudicial activities of the detenu as contained in the grounds of detention in brief are as under: The Superintendent of Police Guna by his letter dated 17 th February 2012 addressing to the District Magistrate Guna informed that the petitioner Smt. Shakila Bano, wife of Babu Singh Sikarwar, resident of village Jogi Mohalla, Old Cant Guna, at present residing at Bone Mill Guna is involved in seven criminal cases relating to selling business and possession of contra-band article "Smack" (a preparation from opium) under NDPS Act 1984 and she has also connection with the criminals of the area and involved in several criminal activities. It is stated that the activities of the petitioner adversely affect the community at large. Despite taking several preventive measurements under law, the activities of the petitioner could not be controlled. Therefore, under the facts and circumstances, the preventive detention order under Section 3(2) of the Act is sought to be issued against the petitioner. The Criminal antecedents of petitioner are as follows :-

(3.) In the light of the said factual matrix, the detaining authority after considering the material placed before him by the S.P. Guna and recording statement of witness, concluded that if not prevented, the detenu would continue indulging in illicit traffic in narcotic drugs and psychotropic substances and consequently in operative paragraph recorded the subjective satisfaction that there was compelling necessity, in view of the likelihood of her being granted bail and of her indulging in illicit traffic in narcotic drugs, as evident from the trend of her activities, to detain her under the PIT NDPS Act, 1988, with a view to prevent her from engaging herself in procurement, storage and abetting in buying and selling of narcotic drugs. A perusal of the grounds of the order also shows that the detenu has been apprised of her right to make the requisite legal representation to the State Government and the Advisory Board.