LAWS(GJH)-2020-6-16

RAVIBHAI DAYABHAI JADAV Vs. STATE OF GUJARAT

Decided On June 16, 2020
Ravibhai Dayabhai Jadav Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard Mr. Nimesh Patel, learned advocate for Mr. M.H. Shekhawat, learned counsel for the petitioner and Ms. Vrunda C. Shah, learned AGP for the respondents.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner through his friend Rameshbhai Dhanjibhai Bokhani has challenged the legality of the order of detention of his friend viz. Ravibhai Dahyabhai Jadav, dated 06.12.2019 passed by respondent no. 2 - Commissioner of Police, Rajkot, 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 Rajkot. In pursuance of the said order dated 06.12.2019, the detenue has been detained in jail at Ahmedabad.

(3.) The detenue came to be detained as a dangerous person on his involvement in three offences registered at Rajkot City, Gandhigram - II (Uni.) Police Station, i.e. FIR being (i) C.R.No.I- 171 of 2018, for the offences punishable under Sections 323, 324, 504 and 114 of IPC and Section 135(1) of the G.P. Act, (ii) I.CR. No. 99 of 2019 for the offences punishable under Sections 323, 324, 504 and 114 of IPC and Section 135(1) of the G.P. Act, (iii) I. CR. No. 128 of 2019 for the offences punishable under Sections 392, 435, 323, 504 and 114 of IPC.