MOHAMMAD TAHIR ALIAS BATAKO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition preferred under Article 226 of the Constitution of India before this Court seeking the following reliefs:

(2.) The petitioner seeks to challenge order of detention under Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as PASA) dated 14.08.2020 passed by the respondent no.2 and he is in custody since then.

(3.) According to the detaining authority he is a 'dangerous person' under Section 2(C) of the PASA Act on the ground of registration of two offences at Salabatpura Police Station, Surat being CR NO.I-11210055201024 Of 2020 under Sections 379(a)(3) and 114 of the Indian Penal Code and second offence registered being CR NO.I-11210055201025 of 2020 under Sections 379(a)(3) and 114 of the Indian Penal Code. These two offences against the petitioner are from the very police station registered on the very day i.e. on 14.07.2020. In both the FIRs the petitioner has been granted regular bail in Criminal Miscellaneous Application No.3703 of 2020 and Criminal Miscellaneous Application No.3831 of 2020 respectively on 31.07.2020 and 10.08.2020 and there has been no challenge thereafter to these orders of release by the State before the higher forum. There had been a recovery of muddamal articles from the person and after considering all aspects, the competent Court has granted regular bail.