PRATAPSINGH JETSINGH RAJPUT Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By filing this petition, the petitioner detenu, Pratapsingh Jetsingh Rajput, has challenged his detention order dated 25.10.2005. By the aforesaid detention order, the petitioner is detained under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 [hereinafter referred to as PASA Act].

(2.) In the grounds of detention, there is a reference to six criminal cases pending against the petitioner. These cases are filed at Naroda Police Station under various provisions of the Indian Penal Code, such as section 380, 454, 457, 114 etc. The detaining authority, after having been subjectively satisfied, has detained the petitioner under PASA Act as a dangerous person.

(3.) Learned advocate for the petitioner submitted that in connection with all the aforesaid cases, the petitioner was in judicial custody. He further submitted that the detaining authority has stated in the grounds of detention that the petitioner may move application for bail at any point of time, and after being released on bail, he may again continue with the said activities. Learned advocate for the petitioner further submitted that the detaining authority has not given any reasons as to on what basis and material it has come to the conclusion that the petitioner may move an application for bail at any point of time and after being released on bail, he may continue with the same activities.