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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S. MUDAGAL, VENKATESH NAIK T
Vijay Kumar G., S/O. Gangulappa – Appellant
Versus
Commissioner Of Police, Bengaluru – Respondent
| Table of Content |
|---|
| 1. detenue's preventive detention order details. (Para 1 , 2 , 3 , 4) |
| 2. petitioner's arguments on legal violations. (Para 5 , 6 , 7) |
| 3. respondents' defense and legality of consultancy. (Para 8 , 9 , 10 , 12) |
| 4. consideration of representation by authorities. (Para 11 , 13 , 15 , 17) |
| 5. court's conclusion on the legality of detainment. (Para 19 , 20 , 22) |
ORDER :
VENKATESH NAIK T, J.
This writ petition habeas corpus is filed by the father of Detenue viz., Praveen Kumar V., seeking quashing of Annexure-A dated 19.05.2025 grounds of detention order passed by respondent No.1 under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (‘the Act’ for short) and Annexure-B the order dated 12.09.2025 passed by respondent No.2 under Section 9 (f) of the Act.
2. The petitioner was/is charge sheeted, tried/being tried in all 3 cases for the offences punishable under NDPS Act, the particulars of which are as follows :
3. On 19.05.2025, the first respondent-Commissioner of Police, Bengaluru passed the impugned order directing the preventive detention of the Detenue. The impugned order came to be passed after seven months of the Dete
Detention orders must provide independent consideration of a detainee's representation and inform them of rights to challenge, as mandated by Article 22(5) of the Constitution.
The violation of a detenue's rights under Article 22(5) leads to the quashing of detention orders when there is inordinate delay in considering representations.
The court affirmed that detention orders remain valid even if representations are considered after confirmation, provided they are independently reviewed by the government.
(1) Law of preventive detention must not only comply with Article 22 of Constitution, but also fulfill mandate of Articles 21 and 14.(2) Preventive detention – If consideration of representation made....
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