UDAY @ PAPPU @SURAJ VINODKUMARPARJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY filing present petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order of detention dated 12.1.2013 passed against the detenu by the respondent No.2­the Commissioner of Police, Ahamedabad City, in exercise of power under sub-section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "PASA Act"). The detenu is branded as "dangerous person".

(2.) HEARD learned advocate Mr. Bhunesh C. Rupera for the petitioner and learned AGP Ms. Megha Chitaliya, for the Respondents.

(3.) IT has been submitted by Mr. Rupera, learned Counsel for the petitioner that non-application of mind on the part of the respondents authorities in passing the order of detention. He has further submitted that the subjective satisfaction arrived at by the authority that there is an imminent danger to the society is without any basis. He further submitted that the allegations made against the detenu are not correct; that the material collected by the detaining authority and looking to the statement recorded by the detaining authority, it cannot be said that the alleged activities of the petitioner would fall within the purview of "dangerous person"