ASHOK B.HINCHIGERI, B.SREENIVASE GOWDA
Gajji Veeresh – Appellant
Versus
Secretary Ministry of Home Affairs, Government of Karnataka – Respondent
The petitioner has called into question the preventive detention order, dated 01.03.2014 (Annexure-A) and the order, dated 07.05.2014 (Annexure-H) continuing the detention for a period of one year.
2. Sri Ashok Mulage, learned counsel appearing for Sri Babu Rao Mangane for the petitioner submits that the Deputy Commissioner has passed the impugned order, dated 01.03.2014 (Annexure-A) without applying his mind. He submits that the petitioner is already acquitted in so many criminal cases. He submits that the offences being attributed to the petitioner are all excise offences. The petitioner can be dealt with in the ordinary course pressing into motion the ordinary criminal law. For advancing this submission, he relies on the Apex Court judgment in the case of MUNAGALA YADAMMA v. STATE OF ANDHRA PRADESH reported in (2012) 2 SCC 386. There is no need to detain him under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985 (hereinafter called as ‘the Goondas Act’).
3. Sri Ashok Mulage submits that the order, dated 07.05.2014 (Annexure-H) continuing the petitioner’s detention for a pe
KING v. DOMINION ENGINEERING COMPANY LIMITED reported in AIR 1947 PC 94 PAGE 94
STATE OF PUNJAB AND ANOTHER v. ASHWANI KUMAR AND OTHERS reported in AIR 2009 SC 186
RAM NARAIN SONS LTD. v. ASSISTANT COMMISSIONER OF SALES TAX AND OTHERS reported in AIR 1955 SC 765
M/s. MACKINNON MACKENZIE AND CO. LTD. v. AUDREY D’COSTA AND ANOTHER reported in (1987) 2 SCC 469.
MUNAGALA YADAMMA v. STATE OF ANDHRA PRADESH reported in (2012) 2 SCC 386
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