SIDDHARTHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner through his mother Lataben Mukeshbhai Dabholkar has challenged the legality of the order of detention of her son viz. Siddharth @ Sahil Mukeshkumar Dabholkar, dated 02.12.2019 passed by respondent no.2 - Commissioner of Police, Ahmedabad, 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 Ahmedabad City. In pursuance of the said order dated 02.12.2019, 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- 22/2019 registered at Ramol Police Station, Ahmedabad under Sections 307 of IPC and Section 135(1) of G.P.Act and the second FIR being C.R. No.I-166/2019 is also registered at Ramol Police Station, Ahmedabad, under Sections 364(A) , 384 , 212 , 294(B) , 506(2) , 120(b) and 114 of IPC and Section 135 of Gujarat Police Act.

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