GANESH Vs. COMMISSIONER OF POLICE AND ORS.

JUDGEMENT

(1.) By way of the present petition which is filed under Article 226 of the Constitution of India, the petitioner has challenged the order of detention dated 22.1.2016 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.) Heard learned advocate Mr. Kishan Prajapati for Mr. Sanjay Prajapati appearing for the petitioner and learned AGP Mr. Dhawan Jayswal for the respondent -State. I have also perused the material produced on record.

(3.) Learned advocate for the detenue submits that while passing the order of detention, the respondent -detaining authority has placed reliance upon two FIRs registered against the petitioner -detenue, details of which are given at page 11 of compilation. Learned advocate further submitted that the detaining authority has also relied upon two statements of secret witnesses recorded by the concerned authority on 21.01.2016. However, the same came to be verified on 22.01.2016 and on the same day the order of detention came to be passed.