MAYUDDIN KHURSHID PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing present petition the petitioner, under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order of detention dated 16.05.2011 passed, against the petitioner, by the respondent No. 2 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.) The detenu came to be detained as "dangerous person" on his involvement in the offences being (i) CR No. I-177 of 2010 before Godhra Town "A" Division Police Station and (ii)C. R. No. I-195 of 2010 before Shara Police Station.

(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"