MOHAMAD HASIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Perused the petition, materials supplied to the detenu, detention order and affidavit-in-reply filed by the detaining authority and heard learned advocate Mr.G.P. Baghel for the petitioner and learned A.G.P. Mr.L.R. Poojari for the respondent-State.

(2.) This petition under Article 226 of the Constitution of India is directed against the order of detention dated 07.06.2013 passed by the respondent No.2 in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short the Act) by detaining the detenue as a dangerous person as defined under Section 2(c) of the Act.

(3.) Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside and the ground that three offences registered against the detenu before the concerned police station vide I-C.R.No.82 of 2013 for the offence punishable under Sections 326,325,324,450,452,,427 and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act, I-C.R.No.255 of 2013 for the offence punishable under Sections 188 of the Indian Penal Code and Sections 25(1)AA and 29 of the Arms Act and II-C.R.No.263 of 2013 for the offence punishable under Sections 188 of the Indian Penal Code and Sections 25(1)A and 29 of the Arms Act by itself cannot bring the case of the detenue within the purview of definition dangerous person under Section 2(c) of the Act. Learned advocate for the detenue further submits that illegal activity carried out as alleged cannot have any nexus or bearing with maintenance of public order and at the most it can be said to be breach of law and order. Further, except registration of FIRs, no other relevant or cogent material is available on record connecting the alleged anti-social activities of the detenue with breach of the public order.