UTTAM @ LALO KALIDAS THAKORE 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.K.I. Kazi for the petitioner and learned A.G.P. Ms.Jirga Jhaveri for the respondent -State.

(2.) THIS petition under Article 226 of the Constitution of India is directed against the order of detention dated 05.07.2013 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 two offences registered against the detenu before the concerned police station vide I -C.R.No.232 of 2011 for the offence punishable under Sections 323, 392, 294B and 114 of the Indian Penal Code and I -C.R.No.148 of 2013 for the offence punishable under Sections 143, 147,148,149,324, 294B and 506(1) of the Indian Penal Code and 135(1) of the G.P. 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 FIR/s, 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. Section 2(c) of the Act defines the term dangerous person as under: -