RAJENDRA GULABCHAND SANGANI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By this petition, the petitioner - detenu has assailed the detention order passed on 18.9.2002 under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "the Act"), by the Commissioner of Police, Rajkot City, on the ground that the petitioner is a "dangerous person" and that he is also a headstrong and anti-social and that his anti-social and criminal activities are directly or indirectly causing or likely to cause harm, danger and alarm of insecurity amongst the people at large or a section thereof and that he is thus disturbing the public order and peace and that there is also a grave and widespread danger to public life and property.

(2.) Challenge against the impugned order of detention is on various divergent grounds which are countenanced by the respondent-authority by filing an affidavit-in-reply dated 16th February, 2003.

(3.) After having heard the learned advocate for the petitioner and the learned Assistant Government Pleader, and considering the factual profile emerging from the record of the case, coupled with the design and object of the Act, this Court has no hesitation in arriving at a conclusion that the detention order impugned in this Special Civil Application is not sustainable on the ground of non-application of mind to the vital facts before passing the questioned detention order. It is evidently manifest from the detention order itself that in one out of three criminal cases, the detenu was in judicial custody and til the question detention order came to be passed, he was not released on bail. Despite this, the detaining authority has observed in paragraph 8 of the detention order as if the factum of judicial custody of the detenu was not taken into account and only release on bail in other two offences was considered.