MOHAMMADSIDIK MIRSAHABMIYA BELIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner came to be detained by order dated 14/1/2012 passed by respondent No.2- Police Commissioner, Ahmedabad city.

(2.) THE detaining authority in the reasons recorded that the petitioner-detenu is involved in offence punishable under Sections 5, 6, 6[b] [1][2][3] and 8 of the Bombay Animal Preservation Act, 1954, so also under Section 11[e][1] of Prevention of Cruelty to Animal Act, 1960, under section 186 of the Indian Penal Code and Sections 335 and 336 of Bombay Municipal Corporations Act. He is, therefore, a cruel person as defined under section 2(bbb) of the Gujarat Prevention of Antisocial Activities Act, 1985. The detaining authority also recorded that it is not possible to take action against the petitioner under the Bombay Police Act by externing him. His activities are antisocial and, therefore, he is required to be detained to deter him from engaging in such activities.

(3.) HAVING regard to the contentions raised on behalf of the petitioner, it would be necessary to refer to the definition of "cruel person" as given in Section 2(bbb) of the Gujarat Prevention of Antisocial Activities Act, 1985, which runs as under:-