LAWS(GJH)-2012-9-29

DHARMENDRA ALIAS KANO BHIKHAJICHAVDA Vs. STATE OF GUJARAT

Decided On September 13, 2012
DHARMENDRA ALIAS KANO BHIKHAJICHAVDA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) BY filing present petition under ] 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order of detention dated 26.05.2012 passed against the detenue by the respondent No.2 ­ the Commissioner of Police, Ahmedabad City, in exercise of power under subsection (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".

(2.) HEARD learned advocate Ms. Krishna Mishra 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 detenue 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".