MOHAMMADASHIF @CAUL MOHAMMADYUSUF KURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 28th March, 2011 passed by respondent No.2, in exercise of powers conferred under Section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (in short the Act ) by detaining the detenu as a cruel person as defined under Section 2(bbb) of the Act.

(2.) LEARNED advocate for the detenu submits that the registered case under the Prevention of Cruelty to Animals Act, 1960, would not indicate anything to support disturbance to public order nor have the activities of the detenu affected adversely the maintenance of public order and therefore, the order of detention passed by the detaining authority cannot be sustained in law and is required to be quashed and set aside.

(3.) LEARNED AGP has opposed the petition and supported the order of detention in letter and spirit.