MOHEMMEDBHAI HARUNBHAI KHORANI-KHATKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of detention dated 21.5.2012 passed by respondent No.3, Commissioner of Police, Rajkot 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. R.K. Mansuri appearing for the petitioner-detenu has invited my attention to the order of detention dated 21.5.2012 by which the detenu was arrested and sent to Ahmedabad Central Jail. The grounds of detaining the accused are that one offence was registered against the petitioner under the provisions of Section 5(1),(3),(B),(D),6(B)(1) (2), 8 of Gujarat Animal Preservation Act, 1954 and Sections 325, 376(1) of the BPMC Act. He is, therefore, a "cruel person" as defined under Section 2(bbb) of the PASA Act. LEARNED Advocate further submitted that co-detenu has been released on 12.09.2012 passed in Special Civil Application No. 10775 of 2012. 2. 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. 3, Police Commissioner, Ahmedabad City dated 21.05.2012 detaining detenu-Mohemmedbhai Harunbhai Khorani- Khatki 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.