Before this Court the petitioner has filed a separate Writ Petition under Article 32 of the Constitution of India raising certain additional grounds.
In the Writ Petition both the State Government as well as the Central Government have filed their companynter affidavits refuting all the additional grounds.
113/91 before the High Court of Karnataka and raised several companytentions those being 1 the order of detention is based on a solitary incident 2 there has been an undue and prolonged delay in serving the order on the detenu and 3 the materials placed before the detaining authority were number sufficient for drawing the requisite satisfaction for passing the impugned order.
From the Judgement and Order dated 27.9.1991 of the Karnataka High Court in W.P. No.
Those grounds are 1 The detenu made a request to the detaining authority to forward a companyy of his representation to the Central Government and that the detaining authority has number forwarded the same to the Central Government as requested by him.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The appellant was directed to be detained and kept in the custody of the central prison, Banglore.
1394 of 1991.
Challenging the detention order, the petitioner filed a Writ Petition No.
WITH Writ Petition Crl.
The appellant petitioner K.P.M. Basheer by the above appeal is challenging the companyrectness and legality of the order dated 27th September 1991 made by the High Court of Karnataka dismissing the Writ Petition filed by the appellant challenging the legality and validity of the order of detention dated 7.1.1991 passed by the State of Karnataka.
144 of 1992.
S. Vaidyanathan and P.K. Manohar for the Appellant.
Solicitor General, P. Parmeswaran, K. Srivastava, M. Veerappa and Kh.
The Judgment of the Court was delivered by RATANAVEL PANDIAN, J. Leave granted.
Nobin Singh For the State of Karnataka for the Respondents.
The brief facts of the case which led to the passing of the impugned order can be summarised as follows On 12.11.1990 the Superintendent of Central Excise on information interrogated the appellant at the Balgaum bus stand on his arrival from Bombay in the presence of some panchas and recorved two gold pellets with foreign markings each weighing ten tolas, wrapped in a paper packet from his front side right watch pocket of his pant.
T.S. Tulsi, Addl.
The High Court rejected all those companytentions and dismissed the Writ Petition.
113 of 1991.
The detention order was served on the detenu only on 28.6.1991 from which date onwards he has been detained.
The State Government on the information passed on by the sponsoring authority passed the impugned order on 7.1.1991 on being subjectively satisfied of the necessity of passing the impugned order on the materials placed before it.
Hence this appeal.
