DIPESH ARVINDBHAI JETHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner through his father Arvindbhai Purshottambhai Jethva has challenged the legality of the order of detention of his son viz. Dipesh Arvindbhai Jethva, dated 07.01.2020 passed by respondent no.2 - Commissioner of Police, Rajkot City, under sub-section 2 of Section 3 of the Gujarat Prevention of Anti- Social Activities Act, 1985 ("P.A.S.A Act" for short) by detaining the detenue as a dangerous person as defined under Section 2 (c) of the PASA Act with a view to prevent the detenue from acting in any manner prejudicial to the maintenance of public order in the area of Rajkot City. In pursuance of the said order dated 07.01.2020, the detenue has been detained at Central Jail, Sabarmati, Ahmedabad.

(2.) The detenue came to be detained as a dangerous person on his involvement in four offences i.e. (1) FIR being C.R.No.I- 156/2019 registered at Rajkot City, Gandhi-2 (Uni.) Police Station, Rajkot, under Sections 379 of IPC, (2) FIR being C.R. No. I-157/2019 registered at Gandhi-2 (Uni) Police Station, Rajkot, under Section 379 of IPC (3) FIR being C.R. No. I-158/2019 registered at Gandhi-2 (Uni) Police Station, Rajkot, under Section 379 of IPC and (4) FIR being C.R. No. I-08/2019 registered at Gandhi-2 (Uni) Police Station, Rajkot, under Sections 379 and 114 of IPC.

(3.) Learned counsel for the petitioner has raised the following contentions: