BHARATBHAI, BHURO DEVRAJBHAIT RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has challenged his order of detention dated 31/12/2013 being PCB/DTN/PASA/370/2013, which is produced at Annexure -A.

(2.) THE sum and substance of the petition is to the effect that the detaining authority has failed to substantiate that the alleged anti - social activity of the petitioner has adversely affected or are likely to affect the maintenance of 'public order'. It is further submitted that the petitioner does not at all fall within the definition of "dangerous person" and, therefore, he cannot be preventively detained under the provisions of the Gujarat Prevention of Anti Social Activities Act [hereinafter referred to as 'the Act'], unless his activities are likely to affect the maintenance of "public order". For such submission, the petitioner is relying upon the provision of section 3 of the Act.

(3.) ON perusal of the impugned order of detention, it becomes evident that the detaining authority has relied upon at -least two complaints registered against the petitioner for terming him as a 'dangerous person'. Both such FIRs are under the provisions of sections 25[1][b] and 29 of the Arms Act. First such FIR is registered with Gandhigram Police Station of Rajkot city being II C.R. No. 10/2013 on 31/1/2013 when two country made pistols, four live cartridges and two blank magazines were found from the co -accused with the petitioner, which were sold to him by the petitioner. During investigation, police has found that the petitioner was involved in some other offence also and he has sold such ammunition, as described hereinabove. During investigation, the petitioner has remained absconded for 9 months and, therefore, so far as delay in investigation is concerned, the petitioner cannot take advantage of his abscondment claiming that there is delay on the part of the detaining authority to take immediate steps. This was not the only incident to term the petitioner as a dangerous person.