BRIJESHKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Brijeshkumar s/o. Ramsing Asharam Mishra, petitioner has filed this habeas corpus petition under Article 226 of the Constitution of India for quashing and setting aside the order of detention dated 8/8/2005 passed by the District Magistrate, Banaskantha. Petition was filed on 3/9/2005. On 9/9/2005, this Court (Coram:A.S.Dave, J) has issued rule which is returnable after four weeks. Hence, matter has been placed for hearing to this Court.

(2.) Mr. R.J.Goswami, learned advocate has relied upon the order of detention dated 8/8/2005 passed under the provisions of PASA Act. Detenu was also sent to the jail on the same day. He has also relied upon the grounds given by the authority on 8/8/2005. In the grounds of detention, it is stated that petitioner has committed two offences which are as under: Offence committed on 18/3/2005 under the provisions of Section 25(1)(B)(E)of Arms Act by which he has kept one Indian made revolver valued at Rs.10,000/- and four kartoos valued at Rs.100/-. Offence committed on 21/3/2005 under the provisions of Section 25(1)(B)(E)of Arms Act by which he has kept three Indian made revolver valued at Rs.30,000/-, pistole valued at Rs.60,000/- and twenty kartoos valued at Rs.410/-, total Rs.90,410/-.

(3.) The learned counsel for the petitioner submitted that it was also stated that petitioner was 'dangerous person' within the meaning of provisions of PASA Act as he has committed offences under Arms Act and therefore, there is a breach of public order. It was also submitted that under the provisions of Arms Act, he has obtained bail.