ROSHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner, has challenged the legality of the order of detention dated 25.07.2020 passed by respondent authority under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 ("P.A.S.A Act" for short) by detaining the detenu as a "dangerous person" with a view to prevent the detenu from acting in any manner prejudicial to the maintenance of public order.

(2.) I have heard the arguments advanced by learned advocate for the petitioner and also learned AGP. 2.1 Learned advocate for the petitioner has vehemently submitted that there are two FIRs pertaining to offences under IPC , which cannot be termed as so grave that the Page 1 of 7 Downloaded on : Wed Dec 23 00:17:39 IST 2020 C/SCA/12738/2020 ORDER petitioner be branded as dangerous person and therefore, it is urged that the detention order may be set aside.

(3.) Per contra, learned AGP, has vehemently objected the present petition and submitted that two FIRs are already filed pertaining to offences under IPC , Learned AGP has supported the impugned order of detention passed by respondent authority and submitted that the detenu is a ''dangerous person'' and sufficient material was found during the course of investigation, indicating that the detenu is in habit of indulging himself into illegal activities, as defined under Section 2 (c) of the PASA Act and therefore, considering the facts of the case, the detaining authority has rightly passed the order of detention, which deserves to be upheld by this Court.