MOHMEDSALIM ABDULKHALID RANGREJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 26.6.2020 passed by the concerned authority in exercise of the powers conferred under the provisions of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as the "Act of 1985"), detaining the petitioner-detenue as a 'Dangerous Person', as defined under clause (c) of Section 2 of the Act of 1985.

(2.) The petitioner came to be detained as 'Dangerous Person' in connection with the three First Information Reports, all registered with Danilimda Police Station. Two First Information Reports were registered on 14.6.2020 for the offences punishable under Section 25(1B)(a) of the Arms Act, 1959 and under Section 135(1) of the Gujarat Police Act whereas, the third First Information Report was registered on 16.6.2020 for the offences punishable under Sections 211, 182, 201, 120B, 114 of Indian Penal Code; and Section 25(1B)(a) of the Arms Act, 1959 and Section 135(1) of the Gujarat Police Act.

(3.) Mr. Valimohammed Pathan, learned advocate for the petitioner submitted that the three First Information Reports are registered against the petitioner for the offence/s under the Arms Act. All the First Information Reports were registered within a span of two days. So far as the two First Information Reports are concerned, the petitioner has been implicated on the basis of the statement of the co-accused. There is neither any recovery nor any discovery made from the petitioner. It is submitted that the petitioner was arrested on 18.6.2020 with respect to the two First Information Reports and with respect to the third First Information Report, he was arrested on 20.6.2020.