“ In DHA NJI RA M SHA RM A V/ s. SUPERINTENDENT O F PO LIC E, NO RTH DISTRIC T, DELHI PO LIC E2 , a three Judge Bench of the Supreme Court held that the condition precedent for opening a history sheet is that such person should be reasonably believed to be habitually addicted to crime or to be an aider or abettor of crime. In order to justify opening of a history sheet, the Supreme Court opined that the police officer must have a reasonable belief based on reasonable grounds. In VIJA Y NA RA IN SING H V/ s. STA TE O F BIHA R3 , another three Judge Bench of the Supreme Court held that the expression ‘habitually’ would mean ‘repeatedly’ or ‘persistently’ implying a thread of continuity, stringing together similar repetitive acts, and a single act or omission would not characterize an act as ‘habitual’. The Supreme Court was of the opinion that to qualify as a ‘habit’, a person must have grown accustomed to leading a life of crime, whereby it would be a force of habit, inherent or latent, in an individual with a criminal instinct, with a criminal disposition of mind, that makes him dangerous to society in general. This judgment was rendered in the context of preventive detention but the observations made therein as to the connotations and interpretation of the expression ‘habitual’ are of relevance.
