SAYARBAHI MUNNABHAI SARANIYA PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of detention dated 20.10.2012 passed by respondent No. 2, Commissioner of Police, Rajkot under the provisions of sub-sec(2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as PASA Act ).

(2.) LEARNED advocate, Mr. Subhadra G. Patel for the petitioner-detenu has invited my attention to the order of detention dated 20.10.2012 by which the detenu was arrested and sent to Thorana Police Station. The grounds of detaining the accused are that one offence was registered against the petitioner under the provisions of Section 6(kh), (1),(2),(3) and 8 of Gujarat Animal Preservation Act, Section 11 of Prevention of Cruelty to Animal Act, Section 335, 336 G.P.M.C. Act & 119 G.P. Act. He is, therefore, a cruel person as defined under Section 2(bbb) of the PASA Act.

(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:-