MOHAMAD USMAN KAYAMALI RAJPUT Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THOUGH Rule was issued on 22/10/2012, learned advocate appearing on behalf of the petitioner has not filed Affidavit of service with regard to respondent Nos.1 and 2. Today, Mr.Devang Dave, learned Assistant Government Pleader states that he has instruction to appear on behalf of all the respondents. Hence, the matter is taken up for final hearing today.

(2.) BY filing present petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order of detention dated 13.9.2012 passed against the detenue by the respondent No.1 ­ the Commissioner of Police, Ahmedabad City, in exercise of power under sub-section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "PASA Act"). The detenue is branded as "dangerous person".

(3.) THE detenue came to be detained as "dangerous person" on his involvement in the offences being (i) CR No. II ­ 3065 of 2010 and (ii) CR No.II-3087 of 2012 registered before DCB Police Station respectively.