MAHEMOOD @ LAMBU LATIFBHAI DIWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the detenue has challenged the order of detention dated 9 th October 2014 passed by respondent authority 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 PASA Act') and also for an order to set him free from detention.

(2.) Mr.Shaikh, the learned advocate appearing on behalf of the petitioner -detenue has invited the attention of the Court to the order of detention dated 9th October 2014, by which the petitioner -detenue was arrested. The ground for detaining the petitioner -detenue has been shown to be the solitary offence which was registered with the Dholka Police Station vide II -CR No.141 of 2014 for the offence punishable under Sections 429, 295A read with Section 114 of the Indian Penal Code, under Sections 5, 6(B)(1)(2)(3) and 8 of the Animal Preservation Act and under rule (3) of the Prevention of Cruelty to Animal Rules, 2001.

(3.) Mr.Shaikh 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.