ASHIF Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner came to be detained by order dated 2.8.2010 passed by respondent No.2- Police Commissioner, Ahmedabad city.

(2.) The detaining authority in the reasons recorded that the petitioner-detenu is involved in offence punishable under Sections 5, 6, 7, 8 and 10 of the Bombay Animal Preservation Act, 1954, so also under Section 11LD of Prevention of Cruelty to Animal Act, 1960 and Sections 335 and 336 of Bombay Municipal Corporations Act. He is, therefore, a cruel person as defined under section 2(bbb) of the Gujarat Prevention of Antisocial Activities Act, 1985. The detaining authority also recorded that it is not possible to take action against the petitioner under the Bombay Police Act by externing him. His activities are antisocial and, therefore, he is required to be detained to deter him from engaging in such activities.

(3.) Learned advocate for the petitioner submitted that the order is vitiated because only on the basis of one offence registered against the petitioner and in absence of any other material to show involvement of the petitioner in similar activities, the detaining authority has recorded a subjective satisfaction that the petitioner is a cruel person. The definition of cruel person requires habitual involvement and, therefore, the subjective satisfaction and the consequential order are vitiated.