MEHBOOB GAFARBHAI TARAKBAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 25.02.2012 passed by respondent No.2, 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 detenue as a "cruel person" as defined under Section 2(bbb) of the Act.

(2.) LEARNED advocate for the detenue submits that the registered case/s under the Prevention of Cruelty to Animals Act, 1960, would not indicate anything to support disturbance to public order nor have the activities of the detenue affected adversely the maintenance of public order and, therefore, the order of detention passed by the detaining authority cannot be sustained in law and is required to be quashed and set aside.

(3.) IN the result, the petition is allowed. The order of detention dated 25.02.2012 passed by the respondent No.2 is quashed and set aside. The detenue is ordered to be set at liberty forthwith if not required in connection with any other case. Rule is made absolute accordingly. Direct service is permitted.