MAHENDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the petitioner -detenue has challenged the order of detention passed by the Police Commissioner, Ahmedabad city, dated 14th October 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 PASA 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 detenue are suggestive of the fact that the petitioner has been detained labelling him as a "dangerous person" as provided under sub -section (2) of Section 3 of the PASA Act. The grounds of detention are also suggestive of the fact that the detaining authority has taken into consideration two cases, (i) registered with the Vastrapur Police Station vide I -CR No. 332 of 2012 for the offence punishable under Section 379 read with Section 114 of the Indian Penal Code, and (ii) registered with the Vejalpur Police Station vide I -CR No. 148 of 2014 for the offence punishable under Section 392 read with Section 114 of the Indian Penal Code. The status of both the F.I.Rs. has been shown as "pending investigation" and "pending in the court" respectively. The subjective satisfaction as reflected from the grounds are to the effect that the detenue 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 Mr. Alpesh Bhatt, the learned AGP appearing for the State. According to Mr. Bhatt, 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.