PRAVINBHAI DHANJIBHAI BHIKHABHAI BHOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed under Article 226 read with Articles 21 and 22(5) of the Constitution of India, challenging the legality and validity of the order of detention dated 17.12.2009, passed by the Police Commissioner, Ahmedabad in exercise of powers under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985.

(2.) The detenu has been branded as a "dangerous person" with a criminal bent of mind. The order of detention, which was executed on the same day, reveals that the detaining authority took into consideration five offences of theft of vehicles registered under Sections 379, 411 and 114 of the Indian Penal Code vide C.R. No. I-217 of 2009 and C.R. No. I-354 of 2009 at Maninagar Police Station, C.R. No. I-754 of 2009 at Vastrapur Police Station, C.R. No. I-209 of 2009 at Bapunagar Police Station and C.R. No. I-586 of 2009 at Satellite Police Station. The detaining authority came to the conclusion that the detenu was a "dangerous person" with a propensity of being engaged in illegal activities of theft and causing economic losses, therefore, he is an anti-social person and should be detained.

(3.) Mr. H.R. Prajapati, learned counsel for the petitioner has submitted that the offences registered against the detenu under the Indian Penal Code cannot be said to be disturbing to the public order, and merely by registration of offences of theft of vehicles would not give the detaining authority sufficient justification for passing the order of detention against the detenu. The learned counsel for the petitioner has further submitted that even if it is assumed, though denied, that the detenu is engaged in any anti-social activities, the only disturbance that can be caused is to the law and order situation, and not to public order, therefore, the detention of the detenu is not necessary and the impugned order of detention deserves to be quashed and set aside.