BODUBHAI ISMAIL KATARIA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 24.12.2011 passed by respondent No.1, in exercise of powers conferred under Section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (in short the Act) by detaining the detenu as a 'property grabber' as defined under Section 2(h) of the Act. Along with the order of detention, the petitioner is also served with the grounds of detention. In the grounds of detention, there is a reference to the criminal cases pending against the petitioner. The cases are registered under the provisions of the Indian Penal Code. It is alleged that the petitioner is dealing in property grabbing.

(2.) IT is submitted by learned advocate for the petitioner that three offences have been registered against the petitioner. Learned advocate for the detenu submits that registration of the FIR itself cannot lead to disturbance of even tempo of public life and therefore the public order. The order of detention is assailed by the detenu on various grounds mentioned in the memo of the petition. However, learned counsel for the detenu submits that, except the FIR registered under the Indian Penal Code, there was no other material before the detaining authority whereby it could be inferred reasonably that the detenu is a 'property grabber' within the meaning of Section 2(h) of the Act and required to be detained as the detenu activities are prejudicial to the maintenance of public health and public order. IT is also submitted that the dispute is a private one where the transaction of sale and purchase has been made, however on account of dispute between parties, prosecution is initiated. Further, it is submitted that in one case, anticipatory bail was granted in favour of the petitioner whereas in two cases, regular bail has already been granted. Therefore, it is requested to allow the petition.

(3.) IN the result, this Special Civil Application is allowed. The order of detention dated 24.12.2011 is hereby quashed and set aside. The detenu, is ordered to be set at liberty forthwith if the detenu is not required in connection with any other case. Rule is made absolute to the aforesaid extent. Direct service is permitted.