MAHEBUBBHAI AHEMADBHAI SHEKH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 19.04.2012 passed by authority functioning under respondent No. 2 i.e District Magistrate � respondent no. 1 herein 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 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.) LEARNED advocate for the petitioner has relied upon the unreported decision of this Court passed in Special Civil Application No. 8940 of 2012 dated 03.08.2012, Special Civil Application No. 8902 of 2012 dated 03.08.2012, Special Civil Application No. 2396 of 2012 dated 04.07.2012.