AYUBKHAN AMIRKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petition has been filed by the detenu under the provisions of Gujarat Prevention of Anti-social Activities Act, 1985 (for short "PASA"). The order came to be passed on 2-. 5-1993 by the Police Commissioner of the City of Ahmedabad on the ground that the petitioner is a dangerous person as understood in clause (c) of Section 2 of PASA. A copy of the order is produced at Annexure A and copy of grounds in support thereof is produced at Annexure B page 8 onwards.

(2.) Various contentions have been raised, but of them, the one which, in our opinion, would go to the root of the matter pertains to Entry No. 26 of 1993 of Shahpur Police Station in the City of Ahmedabad. This entry was made on 30-4-1993 under Cr. P. C. Section 151. The said section refers to the power of Police Officers for detaining a person where he knows of a design to commit any cognizable offence then, the Police Officer may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such Officer that the commission of the offence cannot be otherwise prevented. Of the material relied on by the detaining authority for passing the impugned order, there are two cases registered with Shahpur Police Station in the month of December 1992. First one is 220 of 1992 and second one is 1232/92 under various Sections of Indian Penal Code, as also Terrorist and Disruptive Act, popularly known as TADA.

(3.) In both the cases, the petitioner was released on bail and in the second case, condition was imposed on him that he shall not enter Shahpur Police Station area. He was found to have entered that area on 30/04/1993. As per the material supplied to the detenu, about a week or so prior thereto, the petitioner was found to have indulged into anti-social activities in the nature of forcibly taking articles without paying, extorting money, etc. This material is to be found in the statements of four witnesses recorded on 27-4-1993 and supplied to the detenu.