LAWS(GJH)-2020-3-386

MUBIN Vs. THE COMMISSIONER OF POLICE

Decided On March 13, 2020
Mubin Appellant
V/S
The Commissioner Of Police Respondents

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Assistant Government Pleader waives service of notice of rule for and on behalf of the respondent?State. Heard learned advocates appearing for the respective parties.

(2.) The present petition is directed against order of detention dated 18.11.2019 passed by the respondent - detaining authority in exercise of powers conferred under section 3(1) 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 the offences under Sections 379 , 504 , 120 (B) and 379(A) r/w. 114 of the Indian Penal Code by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti?social activity of the detenue with breach of public order.