MOHMADHASAN MOHMADBHAI BHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of detention dated 2.6.2012 passed by respondent No. 2, Commissioner of Police, Ahmedabad City under the provisions of sub-sec(2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "PASA Act").

(2.) LEARNED advocate, Mr. Hasmukh S. Solanki for the petitioner-detenu has invited my attention to the order of detention dated 2.6.2012 by which the detenu was arrested and sent to Morbi Jail, Morbi. The grounds of detaining the accused are that one offence was registered against the petitioner under the provisions of Section 6(kh), (1),(2),(3) and 8 of Gujarat Animal Preservation Act, Section 11 of Prevention of Cruelty to Animal Act, Section 335, 336 G.P.M.C. Act & 119 G.P. Act. He is, therefore, a "cruel person" as defined under Section 2(bbb) of the PASA Act. LEARNED advocate appearing for the petitioner has submitted that, except this solitary offence, there is no material with the detaining authority to detain the petitioner under the provisions of PASA Act. It is submitted that the order is vitiated because only on the basis of one offence registered against the petitioner, and in absence of any other material to show involvement of the petitioner in similar activities, the detaining authority has recorded a subjective satisfaction that the petitioner is a cruel person. The definition of cruel person requires habitual involvement and, therefore, the subjective satisfaction and the consequential order are vitiated.

(3.) THE petition deserves to be allowed and the same is allowed. THE impugned order of detention passed by respondent No. 2, Police Commissioner, Ahmedabad City dated 2.6.2012 detaining detenu-Mohmadhasan Mohmadbhai Bhala (Muslim) is hereby quashed and set aside. THE detenu be set at liberty forthwith, if not required in any other case. Rule is made absolute accordingly. Direct service is permitted.