SUKHDEV 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 05.12.2015 passed by the respondent authority in exercise of powers conferred under Sec. 3(1) 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. H.R. Prajapati appearing for the petitioner and learned A.G.P. Mr. Dhawan Jayswal for the respondent State.

(3.) Learned advocate for the detenue submits that two offences are registered against the petitioner, the details of which are produced with the detention order at page 10 of the compilation. It is contended that while passing the order of detention, detaining authority has relied on two FIRs registered against the petitioner i.e. (1) FIR being C.R. No. I -165 of 2015 registered with Naranpura Police Station for the offence under Ss. 406, 420 and 114 of the IPC and (2) FIR being C.R. No. I -56 of 2015 registered with Ranip Police Station for the offence punishable under Ss. 406, 420 and 114 of the IPC. Further, except registration of aforesaid two FIR/s, no other relevant or cogent material is available on record connecting the alleged antisocial activities of the detenue with breach of the public order. Learned advocate further submits that aforesaid two FIRs at the most can be said to be breach of law and order but not public order and therefore, requested to quash the impugned order.