KALUBHAI GANIBHAI JAMALBHAI KHATRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of detention dated 18/02/2014 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, Mr. Vyas, appearing for the petitioner -detenu has invited my attention to the order of detention dated 18/2/2014, by which, the detenu was arrested and sent to Jamnagar Jail. The ground of detaining the accused is that one offence was registered against the petitioner under the provisions of Sections 5, 6, 6(B)(1)(2)(3) and 8 of Prevention of Cruelty to Animal Act, 1954; Section 11EL of the Bombay Cattle Prohibition Act, 1960 and Sections 335, 336 of B.P.M.C. Act and Section 119 of the GP Act. 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: -