UPESH ALIAS GOKUL Vs. STATE OF GUJ\ARAT

JUDGEMENT

(1.) The present petition is directed against order of datention dated 02.03.2020 bearing No. PCB/PASA/DTN/76/2020 passed by the respondent No.2 detaining authority in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under Section 2(c) of the Act. The petitioner is detained Since 02.03.2020.

(2.) Heard Mr. K.T. Beladiya, learned advocate for the petitioner and Mr. Ronak Shah, learned AGP for the respondents.

(3.) Mr. Beladiya, learned advocate for the petitioner vehemently submits that the impugned order of detention deserved to be quashed and set aside on the ground that the petitioner is detained under PASA on the basis of registration of two offences under the provision of Indian Penal Code . It is his submission that mere registration of FIR,s in respect of offence under IPC would not bring the petitioner within the purview of "dangerous person" as defined under Section 2(b) of PASA Act. He further submitted that the alleged illegal activities do not have any nexus or bearing with the maintenance of public order. According to his submission the alleged illegal activities of the petitioner can be said to be breach of law and order. He would also submit that the alleged activities of the petitioner can be said to be affected the even temp of society and that they prejudicial to maintenance public order, and therefore also the detention of the petitioner under the PASA is bad in law.