IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 18TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH WRIT PETITION (HC) NO.62 OF 2019 BETWEEN:
PRASHANTH POOJARI M SON OF KRISHNA POOJARY, AGED ABOUT 30 YEARS, RESIDING AT MADAMAKKI KUCHUR POST, KUBHUR HEBRI, UDUPI-576 112, KARNATAKA.
(BY SRI KIRAN S. JAVALI, ADVOCATE AND SRI CHANDRASHEKARA K., ADVOCATE) AND:
1. GOVERNMENT OF KARNATAKA BY PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.
2. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA, HOME DEPARTMENT, ... PETITIONER VIDHANA SOUDHA, BENGALURU-560 001, BY SHRI RAJNEESH GOEL.
3. SENIOR SUPERINTENDENT CENTRAL PRISON BENGALURU-560 100.
... RESPONDENTS (BY SRI SANDESH J. CHOUTA, AAG ALONG WITH SRI GIRIKUMAR, AGA;
SRI JEEVAN J. NEERALGI, ADVOCATE FOR PROPOSED IMPLEADING AS R-4 ON I.A 1/2019) THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF HABEAS CORPUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING THE DETENTION OF SHRI SHRIKANTHA POOJARY, BY ORDER HD 13 SCF 2019 DATED 3.4.2019 (ANNEXURE "A") AS ILLEGAL AND VOID ABINITIO AND ETC.
***** THIS WPHC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER The petitioner is the cousin of the Detenu, Sri.Shrikantha Poojary. He is interested in the life, welfare and personal liberty of the Detenu. That an order of detention dated 03.04.2019, at Annexure-A, was passed by Sri.Rajneesh Goel, Additional Chief Secretary to Government, Home Department, Karnataka Government Secretariat, Vidhana Soudha, Bengaluru, directing detention of the Detenu. It was noted in the order of detention that Sri.Rajneesh Goel, is specially empowered under Section-3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short ‘COFEPOSA Act’) and being satisfied that “with a view to prevent the Detenu - Sri.Shrikantha Poojary, from the act of smuggling gold,’ has passed an order of Detention in terms of Section-3(1)(i) and (ii) of the COFEPOSA Act, directing detention of the Detenu- Sri.Shrikantha Poojary. The grounds for detention were also furnished to the Detenu, along with seven box files of relied upon documents.
2. The facts and the question of law involved herein are identical to those that arose for consideration in Writ Petition (HC) No.61 of 2019. Therefore, the learned counsel for the petitioner submits that the same contentions be accepted so far as this petition is concerned.
3. The same is not disputed by the learned Additional Advocate General appearing for the respondents - State.
4. Both learned counsels submit that since the questions of fact and law are one and the same as in Writ Petition (HC) No. 61 of 2019, which was disposed off on 18.07.2019, it would not be necessary to reiterate the same facts and the question of law. Hence, the order passed in Writ Petition (HC) No.61 of 2019, dated 18.07.2019 may be made applicable to this petition also. In view of the submissions made, the reasons and the conclusions arrived at in Writ Petition (Habeas Corpus) No.61 of 2019, are made applicable to this petition also. Hence, we pass the following order:-
ORDER The petition is allowed. The further detention of the detenu, namely, Sri.Shrikantha Poojary, son of Late.Govinda Poojary, is held to be illegal. He is directed to be released from the custody forthwith, if he is not required in any other case/s.
Registry is directed to communicate the operative portion of this order to the Jail Authorities, Central Prisons, Parapanna Agrahara, Bengaluru, forthwith, for necessary action.
The impleading application in I.A.No.1 of 2019, stands rejected.
Sd/- Sd/-
JUDGE JUDGE JJ