LAWS(GJH)-2012-11-180

MOHAMAD ALTAF FATEMAHAMAD SHAIKH Vs. COMMISSIONER OF POLICE

Decided On November 27, 2012
Mohamad Altaf Fatemahamad Shaikh Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) 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 11.03.2011 passed against the detenu by the respondent No.1 ­ the Commissioner of Police, Surat City, in exercise of power under sub-section (1) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "PASA Act"). The detenu is branded as "dangerous person".

(2.) HEARD learned advocate Mr. Kamlesh Kachhavah for the petitioner and learned AGP Mr. Bipin Bhatt for the State.

(3.) IT has been submitted by the learned Counsel for the petitioner that the allegations made against the detenu are not correct; that the material collected by the detaining authority and looking to the statement recorded by the detaining authority, it cannot be said that the alleged activities of the petitioner would fall within the purview of "dangerous person"