MAHESH MANSUKHBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner- detenu has challenged the legality and validity of the order of detention dated 7.11.2001 passed against him by the Police Commissioner, Rajkot City, in exercise of the powers conferred on him by Section 3(2) of The Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as the PASA Act). According to the detaining authority, it was satisfied that the petitioner is a "dangerous person" within the meaning of the provisions of the PASA Act and his activities are prejudicial to the "public order". The privilege under Section 9(2) of the PASA Act is also exercised in the present case.

(2.) On consideration of the grounds for detention, it is clear that total six offences were registered with one police station viz. Pradyumannagar Police Station of Rajkot City for the offences punishable under Sections 379 and 392 etc. of IPC on various dates between 18.10.2000 to 17.9.2001, i.e. within one year. It would be proper to give details thereof as under:-

(3.) Ld. counsel Ms. Banna Datta appearing for ld. counsel Mr. A.R.Shaikh for the petitioner has assailed the legality and validity of the order on number of grounds but has mainly argued on following grounds :-