KARIMBHAI HAJIBHAI NOTIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the detenue has challenged the order of detention dated 07.03.2013 passed by respondent No.2 herein 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, Ms.Jayshree Bhatt, appearing for the petitioner- detenue has invited my attention to the order of detention dated 7.3.2013, by which, the detenue was arrested and sent to Navsari Sub-Jail. The ground of detaining the accused is that one offence was registered against the petitioner under the provisions of Sections 5, 6, 8 and 10 of Prevention of Cruelty to Animal Act, 1954; Section 11 L of the Bombay Cattle Prohibition Act, 1960 and Section 114 of the IPC. He is, therefore, a "cruel person" as defined under Section 2(bbb) of the PASA Act. Learned advocate appearing for the petitioner has submitted that, except this solitary offence, there is no material with the detaining authority to detain the petitioner under the provisions of the PASA Act. It is submitted that the order is vitiated because only on the basis of one offence registered against the petitioner, and in absence of any other material to show involvement of the petitioner in similar activities, the detaining authority has recorded a subjective satisfaction that the petitioner is a cruel person. The definition of cruel person requires habitual involvement and, therefore, the subjective satisfaction and the consequential order are vitiated.

(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:-