LAWS(GJH)-2020-10-224

SADDAMHUSSAIN ABDULWAQAR SHAIKH Vs. STATE OF GUJARAT

Decided On October 20, 2020
Saddamhussain Abdulwaqar Shaikh Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned advocate Mr.S.D. Mansuri for the petitioner and learned Assistant Government Pleader Mr.Ishaan Joshi for the respondent-State.

(2.) By filing this petition, the petitioner has prayed to set aside order of detention dated 22 nd June, 2020 bearing No.390/2020 passed by respondent No.2-Police Commissioner, Ahmedabad in exercise of powers under section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985, treating the petitioner-detenue as "dangerous person" within the definition contained under section 2 of the Act.

(3.) The basis of the impugned detention order is registration of two FIRs. The first is dated 03 rd February, 2020 registered with Isanpur Police Station, Ahmedabad bearing Crime Register No.11191022200142/20 under Section 379 of the Indian Penal Code. The second FIR is dated 24th May, 2020 registered with Gomtipur Police Station, Ahmedabad bearing registration No.11191018200585 for the offences under sections 379(a)(iii) and 114 of the Indian Penal Code. On account of the said alleged offences committed by the petitioner, a view is taken by the detaining authority that the act and conduct on part of the petitioner was prejudicial to the maintenance of public order.