SHINGARA SINGH @ SHARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FIRST Information Report No. 47 dated March 11, 1988 was registered against the detenu-petitioner Shingara Singh alias Shari in Police Station Gharinda, district Amritsar under sections 148/149/307/411/414 of the Indian Penal Code, section 25 of the Arms Act and sections 3/4/20 of the I.P. Act. The petitioner was arrested therein on April 30, 1988 by Gharinda police. The learned trial Court released the petitioner on bail on June 4, 1988. Detention order, Annexure P-1, based on grounds of detention, Annexure P-2, was clamped on the petitioner on November 29, 1988, and the petitioner was detained in pursuance of it on January 4, 1989.

(2.) IN Criminal Writ Petition No. 1260 of 1989, the petitioner has assailed the impugned order of detention on the grounds that it was not passed. by the detaining authority on its subjective satisfaction after due application of mind; that the last prejudicial activity attributed to the petitioner being of March 11, 1988, there was no nexus or proximity between it and the impugned order of detention, dated November 29, 1988, which was actually served on the petitioner on January 4, 1989, and that the detaining authority was not appraised of the petitioner being already on bail with effect from June 4, 1988, nor had it taken this aspect of the matter into consideration.

(3.) I have heard Shri A.S. Sandhu, Advocate, for the petitioner, Shri S.S. Saron, A A.G. Punjab, for the State and have carefully gone through the annexure appended to the writ petition.