MAHESHBHAI DHAYABHAI AUD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition, the petitioner detenu has challenged the detention order dated 08.03.2005 passed by the Police Commissioner, Surat 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 (the Act for short), as, the "dangerous person" 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 five 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 08.03.2005 came to be passed, the petitioner was in judicial custody in connection with five criminal cases registered against him with Varachha Police Station under the Indian Penal Code since the petitioner was arrested on 06.01.2005 in connection with the offence at Sr.No.1 mentioned 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 further submitted that there is delay in passing the detention order against the petitioner. The last offence was registered against the petitioner on 28.12.2004 and the detention order came to be passed on 08.03.2005. Learned advocate appearing for the petitioner has relied upon the decision of this court in the case of Elesh Nandubhai Patel V/s Commissioner of Police, 1997(1) GLH 381, wherein this Court has observed as under in paragraph 21 :

(3.) It is , therefore, submitted that the subjective satisfaction of the detaining authority is vitiated on the ground of delay in passing the detention order after the last incident and, therefore, the impugned detention order is required to be quashed and set aside.