SAHEBALAM Vs. POLICE COMMISSIONER

JUDGEMENT

(1.) Heard learned advocates appearing for the respective parties through video conferencing.

(2.) The present petition is directed against order of detention dated 01.02.2020 passed by the respondent - 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.

(3.) Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of offence being CR No. I-54 of 2019 registered with Danilimda Police Station for the offence punishable under Sections 406 , 420 , 506(1) , 114 of the Indian Penal Code as well as offence being CR No. I-126 of 2019 registered with Danilimda Police Station for the offence punishable under Section 304 of Indian Penal Code. That, the detaining authority is not justified in ordering the detention of the detenue on the ground that his detention is absolutely necessary with a view to prevent him from acting in a manner prejudicial to the maintenance of public order. Learned advocate for the applicant requested to quash and set aside the order of detention dated 01.02.2020.