VISHAL ALIAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. H.R. Prajaptai for the petitioner and learned Assistant Government Pleader Mr. Hardik Soni for the respondent State through video conference.

(2.) The present petition is directed against order of detention No. PCB/DTN/PASA/302/2020 dated 19.03.2020 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 four offences being C.R. No.4/2019 registered with Airport police station for offences under sections 324, 294B and 114 of the Indian Penal Code and section 135(1) of the GP Act; C.R. No.11191046200115/2020 registered with Airport police station for offences under sections 397, 427, 452, 294B, 506(2) and 120B of the Indian Penal Code and section 135(1) of the GP Act; C.R. No.11191046200116 registered with Airport police station for offences under sections 307 , 364 , 397 , 427 , 452 , 120B , 294B , 506(2) and 114 of the Indian Penal Code and section 135(1) of the GP Act; C.R. No.11191046200117/2020 registered with Airport police station for offences under sections 452 , 427 , 143 , 354A , 294B and 506(2) of the Indian Penal Code and section 135(1) of the GP Act, 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. Learned advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder, making it difficult for whole system to exist as a system governed by rule of law by disturbing public order. In support of his contentions, learned advocate for the petitioner relied upon judgment in case of Kalidas C Kahar v. State of Gujarat reported in 1993(2) GLR 1659, in case of Bai Amina w/ o Ibrahim Abdul Rahim Alla v. State of Gujarat and others reported in 1981 GLR 1186 and in case of Siddharth @ Sindhu Laxmanbhai Thorat v. District Magistrate, Navsari rendered in Letters Patent Appeal th No.1020/2018 vide order dated 8 May, 2019.