9911796707
TMI Blog2006 (9) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... be ipse-dixit of the detaining authority. On the basis of materials before him, the detaining authority came to the conclusion that there is likelihood of detenu being released on bail. That is his subjective satisfaction based on materials. Normally, such satisfaction is not to be interfered with. On the facts of the case, the detaining authority has indicated as to why he was of the opinion that there is likelihood of detenu being released on bail. It has been clearly stated that in similar cases orders granting bail are passed by various courts. Appellant has not disputed correctness of this statement. As the second respondent has filed an additional affidavit indicating that on verification of the registered post register for central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the detenu was sitting in a red colour Maruti car and doing prostitution business. The detaining authority took note of three other adverse cases wherein the detenu was involved in prostitution business. Offences as noted above related to keeping a brothel, living on the earnings of prostitution, procuring, inducing for the sake of prostitution detaining women in premises where prostitution is carrying on and doing prostitution in the vicinity of public place and abducting women for prostitution which were punishable under the Act and IPC. The investigation revealed that the detenu used to get young innocent poor girls, who because of poverty were in search of employment from State of Andhra Pradesh under the guise of getting employm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced contended that all the six representation submitted by the detenu and/or his relatives were placed before the Advisory Board as well as the Government and all of them were duly considered. It was also stated that even the pre-detention representation dated 15.9.2005 was duly considered. The High Court verified the records and came to the conclusion that all the representatives were placed before the Advisory Board as well as before the Government, were duly considered and rejected. It was pointed out that no new point was urged in the representation dated 25.9.2005 copy of which was annexed, even if it is accepted for the sake of argument that such a representation was made and it was held that since all the representations were duly co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the order of rejection was passed on 2.10.2005 and the same was served on 6.10.2005. The High Court noticed that this plea was available to be urged in the first writ petition and it having not been done the order of detention was not vulnerable. The High Court referred to some earlier judgments rendered by two different Benches and held that the second petition, on the self same grounds and grounds which could have been urged, was not maintainable. In support of the appeal learned counsel for the appellant submitted that the bail application was rejected on 17.9.2005 and the order of detention was passed on 21.9.2005. It was submitted that there was no scope for observing that there was likelihood of release. Further, one of the repr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the conclusion that there is likelihood of detenu being released on bail. That is his subjective satisfaction based on materials. Normally, such satisfaction is not to be interfered with. On the facts of the case, the detaining authority has indicated as to why he was of the opinion that there is likelihood of detenu being released on bail. It has been clearly stated that in similar cases orders granting bail are passed by various courts. Appellant has not disputed correctness of this statement. Strong reliance was placed by learned counsel for the appellant on Rajesh Gulati v. Govt. of NCT of Delhi and Another [2002 (7) SCC 129]. The factual scenario in that case was entirely different. In fact, five bail applications filed had been alr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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