PRUTHVISING PREMSING RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner-detenu has preferred this petition under Article 226 of the Constitution of India for appropriate writ, order or direction for quashing and setting aside the order dated 2. 2. 2007 passed by respondent No. 2, under section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short, 'pasa Act')whereby the petitioner has been detained as a dangerous person within the meaning of section 2 (c) of the Act.

(2.) HEARD the learned advocate for the petitioner and the learned AGP for the respondents.

(3.) FROM the grounds of detention, it appears that two offences being CR. I. 34/2007 and 41 of 2007 under sections 457, 380 of Indian Penal Code were registered against the detenu. The detaining authority has placed reliance on two registered offences and 2 statements of unnamed witnesses. Statements of two witnesses were recorded on 28. 1. 2007 on which date, the petitioner was in custody. Except these two statements, there is no other material on record which shows that the petitioner is acting in such a manner which is dangerous to the public order.