MOIN BASIRBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Rohan Shah, learned Assistant Government Pleader, waives service of notice of rule on behalf of respondent no.1 State.

(2.) This petition under Article 226 of the Constitution of India is directed against the order of preventive detention dated 22.12.2019 made by the Police Commissioner, Ahmedabad City in exercise of powers under Sub Section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as 'the Act') whereby the petitioner has been detained as dangerous person. The said order came to be executed upon the petitioner detenue on 22.11.2019.

(3.) Ms Krishna Mishra, learned advocate for the petitioner, submitted that for arriving at a subjective satisfaction and branding the petitioner as dangerous person, the detaining authority has relied on two registered cases against him, being (i) C.R. No. I 125 of 2019 registered with Isanpur Police Station, Ahmedabad on 12.09.2019 for the alleged offences punishable under Sections 324, 323, 294(b), 427, 506(2) and 114 of the Indian Penal Code as also under Section 135(1) of the Gujarat Police Act and (ii) C.R. No. I 155 of 2019 registered with Isanpur Police Station, Ahmedabad on 21.10.2019 for the alleged offences punishable under Sections 143, 147, 148, 149, 323, 324, 506(2) and 114 of the Indian Penal Code as also under Section 135(1) of the Gujarat Police Act.