MAHESHBHAI FULABHAI VAGHARI (CHUNARA) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the detenue has challenged the order of detention dated 24.10.2015 passed by respondent No.2, under the provisions of sub-section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as "PASA Act").

(2.) Learned advocate, Mr. Kadri appearing for the petitioner - detenue has invited my attention to the order of detention dated 24.10.2015, by which, the detenue was arrested and sent to District Jail, Surat. The ground of detaining the accused is that two offences were registered against the petitioner under the provisions of Sections 5(1), 6(C) 8, 9 and 10 of the Bombay Animal Preservation Act, 1954 and Section 22(L)(D)(E) of the Prevention of Cruelty to Animals Act, 1960 and Section 119 of the Gujarat Police Act and Section 335 and 336 of the BPMC Act. He is, therefore, a "cruel person" as defined under Section 2(bbb) of the PASA Act. Learned advocate appearing for the petitioner has submitted that, except this one 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 two offences registered against the petitioner, and in absence of any other material to show 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 the consequential order are vitiated.

(3.) Learned AGP Mr. Manan Mehta, appearing for the respondent - State has opposed this petition.