SAIFALAM MUSTAKIMAHMED ANSARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner/detenu challenging the validity of the order of detention dated 04.06.2020 passed by the detaining authority in exercise of the powers conferred on him under sub- section (1) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the Act' for short) with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad City. In pursuance of the said order, the detenue has been detained at Surat Central Jail.

(2.) The detenue came to be detained as 'dangerous person' as well as 'cruel person' on his involvement in two offences i.e. FIR being C.R.No.I-230/2018 registered at Bapunagar Police Station, Ahmedabad, under Sections 454, 457, 380 and 114 of IPC and the second FIR being C.R. Part A No. 11191007200280 of 2020 is also registered at Bapunagar Police Station under Sections 5, 6, 7, 8 and 10 of the Gujarat Animal Protection Act, Section 6(b) of the Animal Protection Act, 2017, Section 11(E)(L) of the Prevention of Cruelty to Animals Act, 1960 and Section 119 of the Gujarat Police Act and Section 335 and 392 of the BPMC Act and Section 429 and 114 of IPC.

(3.) The detenue has been furnished with the copy of grounds of detention and all other materials inclusive of statement of witnesses on the basis of which, subjective satisfaction for passing the impugned order has been reached by the Detaining Authority. As a result, the detenue came to be detained as a 'dangerous person' as well as 'cruel person' on his involvement in the aforesaid two offences registered with Bapunagar Police Station, Ahmedaabd.