AJIMKHAN @ AJAMKHAN SULTANKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal is filed by the petitioner in Special Civil Application No.20569 of 2015 aggrieved by CAV judgment dated 11.01.2016, by which the learned Single Judge has dismissed the writ petition, wherein the appellant had challenged the order of detention dated 21.11.2015 bearing No.PCB/ DTN/ PASA/ 915/ 2015 passed by Commissioner of Police, Ahmedabad City, in exercise of powers under section 3 (2) of Gujarat Prevention of Anti-social Activities Act, 1985 ('PASA Act' for brevity).

(2.) In the grounds of detention it is stated that the appellantpetitioner is accused in Crime Register No.I-19 of 2015 registered on 04.03.2015 on the file of Gayakwad Haweli Police Station for the offences punishable under sections 143, 147, 148, 452, 436, 427 and 323 of the Indian Penal Code and section 135(1) of the Gujarat Police Act. It is also stated that the appellant-petitioner is accused in Crime Register No.I-3038 of 2015 registered on 19.04.2015 on the file of DCB Police Station, Ahmedabad, for the offences punishable under section 25(1-b) (a) of the Arms Act. It is also stated that the appellant- petitioner is accused in Crime Register No.3061 of 2015 registered on 01.06.2015 with DCB Police Station for the offences punishable under section 25(1-b) (a) of the Arms Act.

(3.) Referring to the above said crimes, alleging that the appellant- petitioner falls within the definition of 'dangerous person' within the meaning of section 2(c) of PASA Act, and to prevent the anti-social activities of the petitioner which will likely to affect maintenance of public order, the order of detention is passed. Such order of detention is challenged on various grounds.