NAVAL GHANSHYAMBHAI KAHAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner through his wife Monaben Navalbhai Kahar has challenged the legality of the order of detention of her husband viz. Naval Kahar, dated 06.01.2020 passed by respondent no.1 - Commissioner of Police, Vadodara, 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 Vadodara City. In pursuance of the said order dated 06.01.2020, the detenue has been detained in jail at Bhuj, Dist.: Kachchh.

(2.) The detenue came to be detained as a dangerous person on his involvement in two offences i.e. FIR being C.R.No.I- 16/2020 registered at Raopura Police Station, Vadodara under Sections 384 , 385 , 504 , 506(2) and 114 of IPC and the second FIR being C.R. No. II-10/2020 is also registered at Raopura Police Station under Sections 323 , 294(B) , 427 , 114 of IPC and Section 135 of Bombay Police Act. In both the offences, the detenue was released by the competent Court.

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