DHARMENDRA ALIAS DHAMO Vs. COMMISSIONER OF POLICE

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.Raval for the petitioner and learned A.G.P. Ms. Jhaveri for the respondent -State.

(2.) THIS petition under Article 226 of the Constitution of India is directed against the order of detention dated 25.6.2013 passed by the respondent authority 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 four offences registered against the detenue before the concerned police station vide II C.R. No.3394 of 2012 for the offences punishable under sections 323, 294(B), 427 and 114 of the Indian Penal Code, II C.R. No.3453 of 2012 for the offence punishable under section 507 of the Indian Penal Code, I C.R. No.164 of 2013 for the offences punishable under sections 394, 294(B) and 114 of the Indian Penal Code and vide I C.R. No.391 of 2013 for the offences punishable under sections 307, 323, 294(B) and 114 of the Indian Penal Code and section 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. Learned advocate for the petitioner further submits that co -detenue Mr. Gajendra @ Pintu against whom two offences were registered is set free as per order passed in Special Civil Application No.12839 of 2013.