PRADIP BENIPRASAD SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Pratik Barot, learned advocate for the petitioner and Mr. Bipin Bhatt, learned AGP for respondent State.

(2.) BY way of the present petition, the petitioner detenue has prayed to quash and set aside the order of detention dated 02.05.2014 passed by the respondent No. 2 Commissioner of Police, Ahmedabad City, in exercise of powers conferred under Section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short 'the PASA') by detaining the detenue as a 'dangerous person' as defined under Section 2 of the Act.

(3.) LEARNED Advocate for the petitioner would submit that the allegations made against the detenue are not correct; that the material collected by the detaining authority and looking to the statement recorded by the detaining authority, it cannot be said that the alleged activities of the petitioner would fall within the purview of dangerous person. In the background of this case, he would further submit that the petitioner is not an habitual offender and cannot be detained under the PASA. By relying upon the decision in case of Mustakmiya Jabbarmiya Shaikh V. M.M. Mehta, Commissioner of Police & Ors., reported in : 1995(2) G.L.R. 1268, he would further submit that there is no question of breach of any public order, and therefore, the petitioner cannot be treated as 'dangerous person' under the provisions of PASA Act.