JAMALBHAI ABDULBHAI METAR GHANCHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner through his father Abdulbhai Mahmadbhai Metar Ghanchi has challenged the legality of the order of detention of is son Jamalbhai Abdulbhai metar Ghanchi, dated 10.02.2020 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 City. In pursuance of the said order dated 10.02.2020, the detenue has been detained at Central Jail, Vadodara.

(2.) The detenue came to be detained as a dangerous person on his involvement in two offences i.e. FIR being C.R.No.I- 42/2019 registered at Rajkot City, Bhagtinagar Police Station, under Sections 326 , 511 and 120(b) of IPC and 135(i) of the Gujarat Police Act, and second FIR being FIR No.11208035200079/2020 registered Rajkot City at Gandhigram Police Station, Rajkot under Section 323 , 504 , 506(2) , and 114 of IPC.

(3.) Learned counsel for the petitioner has raised the following contentions: