BHUPATBHAI RAMJIBHAI VASAVA Vs. DISTRICT MAGISTRATE BHARUCH

JUDGEMENT

(1.) The petitioner is the detenu who has challenged the order of detention dated 9-12-1991 passed by respondent No. 1 herein under the provisions of the Gujara Prevention of Anti-Social Activities Act, 1985 (herein after referred to as 'the said Act').

(2.) The grounds of detention, dated 9-12-1991 were served along with the materials on the same day. In the grounds of detention, it is, inter alia, alleged that four Criminal Cases under the various provisions of the Indian Penal Code are registered by Rajpipla Police Station against the detenu in the year 1991. It is also alleged that the petitioner is a headstrong person and he makes assaults and robs the people of the area, armed with deadly weapons and, therefore, the reign of terror prevailed in the area of Amletha and thus the petitioner has become an obstruction to the maintenance of public order. Thus, according to the allegations made in the grounds of detention, he is a 'dangerous person' within the meaning of Section 2 (c) of the Act.

(3.) The learned Advocate for the petitioner submitted that while passing the impugned order of detention, the detaining authority has considered Sections 56 amd 57 of the Bombay Police Act while applying its mind with regard to the aspect of lesser drastic remedy. It is stated that the actions under Sections 56 and 57 of the Bombay Police Act were considered by the detaining authority and it is stated in the grounds of detention that much time will be consumed in taking proceedings under Sections 56 and 57 of the Bombay Police Act and that the detenu is likely to continue his activities in the area in which he will reside because of the externment order and taking into consideration these provisions, the detaining authority has passed the detention order under the provisions of the said Act.