Jaishree Thakur, J. - (1.) The challenge in the present writ petition filed under Article 226 of the Constitution of India is to the order of detention dated 3.8.2015 passed under the Rajasthan Prevention of Ant-social Activities Act 2006, as well as to the order dated 22.9.2015 passed by the Advisory Board rejecting the representation filed thereafter.
(2.) The respondents while exercising their powers under Section 3 (i) of the Rajasthan Prevention of Anti-social Activities Act 2006 (for short the Act of 2006 ), detained the son of the petitioner by holding him to be dangerous person and drug offender Against the order of detention and arrest an representation came to be filed before the Advisory Board and the same was rejected on 22.9.2015.
(3.) Mr. Mahesh Bora, Senior Advocate along with Mr. Nishant Bora Advocate appearing on behalf of the petitioner have urged that the son of the petitioner does not fall under the definition of 'habitual offender' or under the category of 'drug offender' as defined under the Act of 2006. It is further argued that, while that, while passing the impugned order dated 3.8.2015, the respondent relied upon a list of 26 cases purportedly pending against the detenue which is factually incorrect. Out of 26 cases relied upon, only 12 cases are pending at the present moment and the detenue has been acquitted in 11 cases. In the other three, the detenue has been convicted in one, acquitted in appeal in one case and in the third case he has been fined with Rs. 500/-. A detailed representation has been given before the Advisory Board but without adverting to any of the submissions therein, an order dated 22.9.2015 came to be passed by the respondent upholding the order dated 3.8.2015. It is further argued that there is no justification in detaining son of the petitioner in the year 2015 when apart from one case under the Narcotic Substances and Psychotropic Substances Act, 1985 (for short the Act of 1985 ), no other case has been registered against him in the said year. Reliance has been place on several judgments of this Court rendered in D.B. Civil Writ (Habeas Corpus) Petition No. 6123 of 2012 Kishan Singh v. State of Rajasthan and others , D.B. Civil Writ (Habeas Corpus) Petition No. 7850 of 2012, Bhikho v. State of Rajasthan and others , D.B. Civil Writ (.Habeas Corpus) Petition No. 1162 of 2015 Kisturi Devi v. State of Rajasthan and others , to urge that the detention order dated 3.8.2015 is illegal and untenable.;