MOHAMAD HANIF ALLANUR SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Heard learned advocate Mr. Pathan for the petitioner and Mr. Jani, learned AGP for the respondent State. In this petition, the petitioner has challenged the impugned order of detention dated 21st October, 2000 passed by the detaining authority under section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985 ("the PASA Act" for short). The grounds of detention have been communicated to the petitioner under section 9(1) of the PASA Act and the petitioner has been detained at Surat Jail as Class II Detenu. In all, six offences have been registered against the petitioner under sec. 454, 457, 380, 379, 114 etc of the Indian Penal Code. The detaining authority has claimed privilege under section 9(2) of the PASA Act. The respondent State has filed reply to the present petition.The concerned police authority has recorded statements of the secret witnesses on 19th October, 2000 and the same has been verified by the detaining authority on 20.10.2000 and, thereafter, on next day i.e. 21.10.2000, impugned order of detention has been passed by the detaining authority. The petitioner has been considered to be the dangerous person as defined under section 2(c) of the PASA Act.

(2.) . Learned advocate Mr. Sapa has raised two contentions while challenging the impugned order of detention. He has submitted that at the time of passing the impugned order of detention, the petitioner was in judicial custody and after verifying the statements of the secret witnesses, on the next day, the impugned order has been passed and, therefore, it amounts to non application of mind on the part of the detaining authority. He has submitted that the detaining authority has passed the impugned order of detention in mechanical manner. He has relied upon the following three decisions:

(3.) . Learned AGP Mr. Jani has supported the impugned order of detention and has submitted that there is no bar in passing the order of detention of a person while in judicial custody. He has also submitted that the detailed affidavit in reply has been filed by the State Government explaining the situation and, therefore, according to Mr. Jani, the impugned order of detention has rightly been passed by the detaining authority and, therefore, this Court should not interfere with the same and therefore, this petition is required to be dismissed.