VIJAY @ KALIYA AMARNATH CHAUHAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India the petitioner has challenged the order of detention dated 13/01/2016 passed by the respondent authority in exercise of powers conferred under Section 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 Section 2(c) of the Act.

(2.) Learned advocate for the detenue submits that there are two offences which are registered against the petitioner which are relied on by the detaining authority. So far as first offence is concerned, FIR is registered under section 324, 323 and 114 of the IPC wherein name of the petitioner has not been stated in the said FIR. However, on the basis of statement of co­accused, he has been implicated. It is further contended that so far as second offence is concerned, said incident is occurred on 16/12/2015. Said incident is with regard to quarrel which took place between the neighours. Even assuming that the allegations in the FIR are correct, even then it cannot be said to be breach of public order and the case falls under breach of law and order situation.

(3.) Section 2(c) of the Act defines the term "dangerous person" as under:­ "2(c). "dangerous person" means a person, who either by himself or as a member or leader of a gang, habitually commits, or attempts to commit or abets the commission of any of the offences punishable under Chapter XVI or Chapter XV11 of the Indian Penal Code (GLV of 1860) or any of the offences punishable under Chapter V of the Arms Act, 1959 (54 of 1959)."