FULCHAND Vs. STATE OF GUJARAT AND ORS.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is directed against the order of detention dated 11.01.2016 passed by the respondent authority in exercise of powers conferred under Sec. 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short the Act) by detaining the detenue as a "dangerous person" as defined under Sec. 2(c) of the Act.

(2.) Perused the petition, materials supplied to the detenu, detention order and heard learned advocate Mr. Prajapati for the petitioner and learned A.G.P. Mr. Joshi for the respondent -State.

(3.) Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside and the ground that three offences registered against the detenu being I -C.R. No. 381 of 2013 with Ellisbridge Police Station, I -C.R. No. 245 of 2015 with Vastrapur Police Station and I -C.R. No. 4 of 2016 with Vastrapur Police Station by itself cannot bring the case of the detenue within the purview of definition "dangerous person" under Sec. 2(c) of the Act. Learned advocate for the detenue further submits that illegal activity carried out as alleged cannot have any nexus or bearing with maintenance of public order and at the most it can be said to be breach of law and order. Further, except registration of FIRs, no other relevant or cogent material is available on record connecting the alleged anti -social activities of the detenue with breach of the public order. Learned advocate Mr. Prajapati has placed reliance upon the decision rendered by the Hon'ble Supreme Court in the case of Abdul Sathar Ibrahim Manik v/s. Union of India and Others, reported in : AIR 1991 SC 2261 and submitted that the respondent detaining authority has relied upon the copy of the bail application and the order passed by the concerned Court releasing the detenue on bail. However, a complete copy of the order of bail has not been supplied to the petitioner detenue and therefore the detaining authority without looking into the complete order of bail has passed the order of detention and thereby the order of detention is vitiated. In the aforesaid decision, the Hon'ble Supreme Court has held in para 12 as under: