RAJESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present petition, the petitioner -detenue has prayed to quash and set aside the order of detention dated 23.04.2014 passed by respondent No. 2 - The Commissioner of Police, Ahmedabad in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 [for short 'the PASA Act'] by detaining the detenue as a 'dangerous person' as defined under Section 2(c) of the Act.

(2.) THE detenue came to be detained as "dangerous person" on his involvement of two offences being C.R. No. I -343 of 2011 and C.R. No. I -55 of 2014 registered with Shaherkotda Police Station. The aforesaid offences committed by the petitioner are under the provision of Indian Penal Code.

(3.) IN reply to the argument advanced by Ms. Megha Chitaliya, learned Assistant Government Pleader, learned advocate for the petitioner would submit that the decision of Mustakmiya Jabbarmiya Shaikh V. M.M. Mehta, Commissioner of Police (Supra) was not brought to the notice of the learned Single Judge (Coram : Hon'ble Mr. Justice S.G. Shah) as well as before the Division Bench (Coram : Hon'ble Mr. Justice V.M. Sahai and Hon'ble Mr. Justice R.P. Dholaria), and therefore, the order of detention has not been quashed and set aside. By placing a copy of judgment and order dated 04.08.2014 passed in Special Civil Application No. 4844 of 2014 by the learned Single Judge (Coram : Hon'ble Mr. Justice S.G. Shah), learned advocate would further submit that the learned Single Judge, by relying upon different decisions of this Court as well as of the Apex Court including decision of Mustakmiya Jabbarmiya Shaikh V. M.M. Mehta, Commissioner of Police (Supra), has held that only on the ground of lodging FIR under the provision of the Arms Act or Indian Penal Code, the authority would not entitle to detain the person under the provision of the Arms Act or Indian Penal Code labelling him as a 'dangerous person'. By relying upon another subsequent decision of the Division Bench of this Court (Coram : Hon'ble Mr. Justice V.M. Sahai and Hon'ble Mr. Justice R.P. Dholaria) dated 27.08.2014 passed in Letters Patent Appeal No. 920 of 2014, learned advocate for the petitioner would further submit that the Division Bench has opined that only registering the offence under the provision of Arms Act or under the provisions of Chapter XVI or Chapter XVII of the Indian Penal Code, no sufficient reason arisen to label the person as dangerous person, and therefore, the detention order confirmed by the learned Single Judge came to be quashed and set aside.