MAHEBUBBHAI ALIAS SENIOR CHHOTUBEGMOGAL Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Mahebubbhai @ Senior Chhotubeg Mogal (detenu), at present in Jamnagar Jail has filed this habeas corpus petition through his brother in law " Johar Mahebubbhai Sheikh, petitioner, under Article 226 of the Constitution of India challenging the order of detention dated 13/10/2005 passed by the Police Commissioner, Ahmedabad under the provisions of PASA Act. Petition was filed on 25/10/2005. On 15/11/2005, this Court (Coram:K.M.Mehta, J.) has issued rule which was returnable on 12/12/2005. On behalf of respondent, Mr.L.R.Pujari, learned APP appears. He has filed affidavit in this behalf. Therefore, with consent of parties, matter has been reached for hearing and final disposal to this Court. Mr.Anil S.Dave, learned advocate for the petitioner has invited my attention to the detention order dated 13/10/2005 passed by the detaining authority under the provisions of PASA Act. The learned advocate has also invited my attention to the order of committal dated 13/10/2005 by which the detenu has been sent to Jamnagar jail in this behalf. The learned counsel has also invited my attention to the grounds supplied by the detaining authority dated 13/10/2005. From the grounds, it revels that detenu has committed two offences which are as under: 1. Detenu has committed offence under jurisdiction of Danilimda Police Station in connection with Criminal Case No.117 of 2005 dated 14/7/2005 under the provisions of Section 307 which provides attempt to murder ans Section 120(B) of IPC and Section 25(1)(B)(A) of the Arms Act. Investigation is still going on at the relevant time.

(2.) Detenu has committed offence under jurisdiction of Kalupur Police Station in connection with Criminal Case No.143 of 2005 dated 29/9/2005 under the provisions of Section 387, 323, 294(B), 506(1), 427 and 114 of IPC and Section 135 of Bombay Prohibition Act. Investigation is still going on at the relevant time.

(3.) It was also stated that authority has considered the fact that the detenu is keeping dangerous weapons with him and also indulging into anti-social activities and therefore he is a 'dangerous person' within the meaning of Section 2(c) of the PASA Act. The authority has narrated the facts in this behalf.