HASAN ABDULGANI TETARA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) BY way of this petition, the petitionerdetenue has challenged the order of detention dated 20.11.2014 passed by respondent authority in exercise of powers conferred on him under subsection (1) of Section 3 of the Gujarat Prevention of AntiSocial Activities Act, 1985 (for short, 'the PASA Act') and has also prayed for an order to set him free from detention.

(2.) MR . Ashish Dagli the learned advocate appearing on behalf of the petitionerdetenue has invited the attention of the Court to the order of detention dated 20.11.2014 by which the petitionerdetenue was arrested. The ground for detaining the petitionerdetenue has been shown to be the solitary offence which was registered with the Godhra Taluka Police Station vide IICR No.132 of 2014 for the offence punishable under Sections under Sections 5, 6, 6(a)(1)(2)(3)(10)(11) e, l, d of the Gujarat Animal Preservation Act and Section 119 of the G.P. Act.

(3.) MR . Dagli, learned advocate for the petitioner submitted that except this solitary offence, there is no material with the detaining authority to detain the petitioner under the provisions of the PASA Act. It is submitted that the order is vitiated because only on the basis of one offence registered against the petitioner, and in absence of any other material to show the involvement of the petitioner in similar activities, the detaining authority has recorded a subjective satisfaction that the petitioner is a 'cruel person'. The definition of 'cruel person' requires habitual involvement and, therefore, the subjective satisfaction and consequential order are vitiated.