SHAKRAJI JAGAJI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition, the petitioner detenu has challenged the detention order dated 24.03.2005 passed by the Police Commissioner, Ahmedabad City in exercise of the powers conferred upon him under sub-section (1) of Section 3 of the Gujarat Prevention Anti-Social Activities Act, 1985 (for short), as, the and is required to be detained under the preventive detention, so that, he may not continue with such type of illegal activities.

(2.) Along with the detention order, the detenu was also served with the grounds of detention of the same date. In the said grounds, there is a reference to four criminal cases which are filed under the Indian Penal Code. In the grounds of detention, the statements of certain witnesses have been recorded. Learned advocate appearing on behalf of the petitioner detenu has submitted that when the detention order dated 24.03.2005 came to be passed, the petitioner was in judicial custody in connection with the criminal case registered against him under the Bombay Prohibition Act which is mentioned at serial no.2 in the grounds of detention and there was no likelihood of continuing anti-social dangerous activities so as to disturb the public order by the detenu. It is submitted that there was no material before the detaining authority in respect of filing of the bail application or in respect of likelihood of petitioner being released on bail, which results in non-application of mind vitiating the detention order.

(3.) On the other hand, Mr.Bhate, learned AGP has tried to support the impugned detention order passed against the petitioner. Affidavit-in-reply is filed on behalf of respondent no.2.