LAWS(GJH)-2012-10-158

BHOLA @ ARVIND Vs. STATE OF GUJARAT THRO SECRETARY

Decided On October 04, 2012
BHOLA @ ARVIND Appellant
V/S
STATE OF GUJARAT THRO SECRETARY Respondents

JUDGEMENT

(1.) THE matter was listed at Serial No. 1 by Speaking to Minutes today. By way of Speaking to Minutes, learned advocate has prayed to list this matter for final hearing as the petitioner was detained on 01.07.2012. Hence, the matter has been taken up today as per the order passed in Speaking to Minutes.

(2.) BY filing present petition under Article 226 of the Constitution of India, the detenue has prayed to quash and set aside the order of detention dated 16.06.2012 passed against the detenu by the respondent No. 2�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 detenu is branded as "dangerous person".

(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".