GAUS MOHAMMAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Maulik Nanavati, assisted by Mr. Niyant Bhimani, learned counsel for the petitioner and Ms. Vrunda Shah, learned AGP for the respondent State through video conferencing.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner - Gaus Mohammad Son of Pir Mohammad Momeen has challenged the legality of the order of detention dated 28.01.2020 passed by respondent no.2 - Commissioner of Police, Surat, 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 Surat. In pursuance of the said order dated 28.01.2020, the detenue has been detained in Palara jail at Bhuj.

(3.) The detenue came to be detained as a dangerous person on his involvement in two offences i.e. FIR being C.R.No.I- 154/2019 registered at Mahidharpura Police Station, Surat, under Sections 379 and 114 of IPC and the second FIR being C.R. No. I-324/2019 is also registered at Puna Police Station under Sections 379 and 114 of IPC. In both the offences, the detenue was released by the competent Court.