MUKHATYARBHAI MOHMADBHAI SHAIKH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution of India, the petitioner-detenu has challenged the legality and validity of the order of detention dated 17th of September, 1994 passed by Commissioner of Police, Ahmedabad City on his being satisfied under Sec. 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the said Act') that the activities of the detenu were prejudicial to the maintenance of the public order and, therefore, he was required to be detained under the provisions of the said Act. Along with the order of detention, the grounds of detention of even date duly formulated under Sec. 9(1) of the said Act are supplied to the detenu.

(2.) From the grounds of detention supplied to the detenu, it becomes clear that it is alleged against the detenu that in the area of Kalupur Police Station, the detenu and his associates were operating and/or demanding and extorting instalments and money from various businessmen and traders and in case of resistence being offered by any trader, he was pushed out from his shop and was threatened of dire consequences at the point of knife. It is also alleged against him that he was possessed of unlicensed revolver and was carrying on anti-social activities. Thereafter, the detaining authority has set out two offences in tabular form being Crime Register Nos. 445 of 1992 and 21 of 1994 which were pending against the detenu. In view of his involvement in the aforesaid two offences, the detaining authority has described the detenu as "a dangerous person" within the meaning of the said term as defined by Sec. 2(c) of the said Act.

(3.) The detaining authority has thereafter proceeded extensively to refer to and rely upon the other prejudicial activities of the detenu and his associates in the area of Kalupur. It is alleged against the detenu that he was also carrying on the activities of dealing in Brown Sugar at Vadodara. Thereafter, the detaining authority has in a tabular form set out three offences alleged to have been committed by the detenu and which were either pending in the Court for trial or which were pending investigation. Such offences are punbishable under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985. One of such offences is Crime Register No. 282 of 1990 which is pending trial in the Court while other two offences are pending investigation being Crime Register Nos. 10 of 1994 and 183 of 1994. The detaining authority has also relied upon the statements of other witnesses who have desired to be anonymous and whose identity is not disclosed to the detenu by claiming privilege under Sec. 9(2) of the said Act.