CHETAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed essentially challenging an order of detention passed by the the detaining authority Commissioner of Police, Surat City on 25/8/2023 detaining the petitioner as a "Dangerous person" on the basis of two offences under the provisions of Indian Penal Code.

(2.) Learned advocate for the petitioner has taken this Court through the contentions of both the FIRs. The first offence is private in nature whereas the second incident is arising on account of road accident. Learned advocate for the petitioner has submitted that despite the petitioner was released on bail by the Court of competent jurisdiction in the month of july 2023, an order was passed in the month of August 2023 and therefore, there is delay in passing the detention order either in the order of detention or by separate affidavit. Lastly, learned advocate has submitted that the documents supplied by the detaining authority are illegible and therefore, petitioner could not make effective representation on the basis of such illegible documents. Learned advocate has therefore, relied upon the decision of this Court in the case of State of Manipur Vs. Buyamayum Abdul Hanan @ Anand reported in 2022(0) AIJEL- SC 69999, wherein Hon'ble Apex Court has observed as under;

(3.) Learned AGP has objected to the petition by submitting that the offences registered against the petitioner are falling in the category as specified in the definition of 'Dangerous person' in PASA. In fact the gist of the offences registered against the petitioner and produced in the grounds of detention clearly indicates conduct of the petitioner being anti-social and thereby disturbing the public order. Therefore, the detention order is justified.