LAWS(GJH)-2012-11-142

MANISH @ SUNNY BABUBHAI VAGHANI Vs. STATE OF GUJARAT

Decided On November 07, 2012
Manish @ Sunny Babubhai Vaghani Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) 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 18.09.2012 passed against the detenu by the respondent No.2­Police Commissioner, Surat 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".

(2.) HEARD learned Advocate, Mr.MR Prajapati for the petitioner and learned AGP, Mr.Janak Raval 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"