IKBAL Vs. COMMISSIONER OF POLICE AND ORS.

JUDGEMENT

(1.) BY way of this petition, the petitioner -detenu has challenged the order of detention passed by the Police Commissioner, Surat city, dated 19th December 2014, in exercise of powers conferred on him under sub -section (1) of Section 3 of the Gujarat Prevention of Anti -Social Activities Act, 1985 (for short, 'the P.A.S.A. Act') and has also prayed for an order to set him free from detention.

(2.) THE order of detention along with the grounds supplied to the detenu are suggestive of the fact that the petitioner has been detained labeling him as a dangerous person as provided under sub -section (2) of Section 3 of the P.A.S.A. Act. The grounds of detention are also suggestive of the fact that the detaining authority has taken into consideration four cases (i) registered with the Athwalines Police Station vide I -CR No. 77 of 2014 for the offence punishable under Sections 379, 411, 413 read with Section 114 of the Penal Code, (ii) registered with the Khatodara Police Station vide I -CR No. 15 of 2014 for the offence punishable under Sections 379, 411 read with Section 114 of the Indian Penal Code, (iii) registered with the Athwalines Police Station vide I -CR No. 87 of 2014 for the offence punishable under Sections 379, 411, 413 read with Section 114 of the Indian Penal Code, and (iv) registered with the Salabatpura Police Station vide I -CR No. 60 of 2014 for the offence punishable under Sections 379, 411, 413 read with Section 114 of the Indian Penal Code. The status of all the four FIRs has been shown as pending in the court. The subjective satisfaction as reflected from the grounds are to the effect that the detenu is habitually indulging in the offences falling within Chapter XVII of the Indian Penal Code. His highhanded actions create a situation of disturbance of public order. On these grounds, the Police Commissioner has ordered detention of the petitioner.

(3.) ON the other hand, this petition has been vehemently opposed by Shri Jaimin Gandhi, learned AGP appearing for the State. According to Shri Gandhi, learned AGP there are sufficient grounds to issue the detention order. Learned AGP has submitted that the detention order was issued after careful consideration of the materials available before the detaining authority.