JEEVA VEIYAPURI MADRASI Vs. COMMISSIONER OF POLICE AHMEDABAD

JUDGEMENT

(1.) The present petition is filed under Article 226 of the Constitution of India for quashing and setting aside the detention order dated 4-10-1990 passed by the Commissioner of Police, Ahmedabad city under Section 350 of ASA exercised by the power conferred u/S. 350 of the Act, against the present petitioner. The petitioner was supplied with the grounds of detention on the same day.

(2.) On perusal of the grounds it appears that the petitioner is detained as he was a dangerous person as defined under Section 2(c) of thePASA Act, 1985. In a tabular form it is shown that he was involved in five criminal cases under Chapters XVI & XVII of the Indian Penal Code. Further the statements of 4 persons are recorded, but the detaining authority has exercised privilege under Section 9(2) of the Act in the public interest by not disclosing the names and addresses of the said persons whose statements are recorded. The petitioner is also supplied with the said statements without the names and addresses of the persons. The detaining authority has also considered the less drastic remedy under Section 56(b) of the Bombay Police Act. Therefore, the competent authority, on the basis of the material placed before him, was subjectively satisfied about the necessity of detaining the present petitioner. The detaining authority also considered the fact that the petitioner was in custody as he was involved in C.R. No. 604/90 for the offences punishable under Sections 393, 323 as well as under Section 135(1) of the Bombay Police Act on the ground that at any time can be released on bail and he may continue his criminal anti-social activities.

(3.) Various grounds have been raised in the petition and few more are added by amending the petition. The last two grounds were added at the time of hearing on 24th January 1991 and this being writ petition against the detention order, the petitioner was permitted to raise the said two grounds.