BHARAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition seeks to challenge the order of detention passed by the respondent authority being PCB/DETAIN/PASA dated 18.7.2020 terming the petitioner as a 'dangerous person' and directing him to be detained under the Gujarat Prevention of AntiSocial Activities Act, 1985 [for short, "the PASA Act"]. Pursuant to the said order he has been detained and is presently at Surat jail.

(2.) There are two offences registered against the petitioner under I.P.C. which have been depended upon by the authority concerned to arrive at the subjective satisfaction. One of them is registered at Amraiwadi Police Station, Ahmedabad for the offences registered under Section 395, 394, 114 of I.P.C and Section 135(1) of Gujarat Police Act being the FIR No. 11191004200167 of 2020 and the second offence registered against the petitioner is dated 17.03.2020 before the Naroda Police station, Ahmedabad City for the offences punishable under Section 392, 397, 114 of the I.P.C and Section 135(1) of Gujarat Police Act being the F.I.R. No. 11191035200312 of 2020. The dispute is between two private parties and there is no breach of public order according to the petitioner nor is there any threat to the society and therefore there was no reason to pass the order against the petitioner and hence, the order of detention deserves to be quashed.

(3.) All cases are pending for trial and the Investigating Agency has not been able to recover or discover anything nor as there been any independent witness adduced is a young boy of aged 19 years. He being the only bread earner and the order of detention having been passed belatedly, the Court needs to intervene. Therefore, present petition with following prayer.