VIPULBHAI TRIKAMBHAI SHEJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocate appearing on behalf of the petitioner-detenue and the learned AGP for the respondents.

(2.) The petitioner-detenue has preferred this petition under Article 226 of the Constitution of India, for appropriate writ, order or direction for quashing and setting aside the impugned order dated 23.12.2009 passed by the respondent No.2-Commissioner of Police, Surat City, whereby in exercise of power under sub-section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 ('PASA Act' for short) whereby the petitioner-detenue has been detained as a 'Dangerous Person'. In pursuance of the said impugned order, the detenue is detained in jail, Bhuj on 02.02.2010.

(3.) From the grounds of detention, it appears that three offences have been registered against the petitioner-detenue with Kapodra Police Station, Surat City being CR Nos.41 of 2009, 229 of 2009 and 323 of 2009 under the provisions of Sections 379, 356 and 114 of the Indian Penal Code wherein it is alleged that that the petitioner is engaged in the illegal activity of theft of Gold Chains. On the basis of registration of these cases, the detaining authority after recording the subjective satisfaction, has come to the conclusion that the present detenue's aforesaid activities are prejudicial to the maintenance of 'public order' and ultimately passed the impugned order of detention against the detenue branding him as a 'Dangerous Person'.