SHABAJKHAN @ JAVEDKHAN @ CHAINA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner -detenue has challenged the order of detention dated 16th 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 has also prayed for an order to set him free from detention.

(2.) Mr.Saiyed, the learned advocate appearing on behalf of the petitioner -detenue has invited the attention of the Court to the order of detention dated 16th 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 Gaekwad Haveli Police Station vide II -CR No.3096 of 2014 for the offence punishable under Sections 5, 6(B)(1)(2)(3) and 8 of the Animal Preservation Act and Section 11L of the Prevention of Cruelty to Animals Act.

(3.) Mr.Saiyed 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.