ISUBMIYA RASOOLMIYA MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Ms. Krishna Mishra, learned advocate for the petitioner and Shri Apurva Dave, learned AGP for respondents State.

(2.) BY way of the present petition, the petitioner-detenu has challenged the legality and validity of the order of detention dated 17. 02. 2007 passed by the Police Commissioner, Ahmedabad City, in exercise of powers under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short Sthe Act ).

(3.) THE petitioner-detenu is branded as a SCruel Person within the meaning of Section 2 (bbb) of the Act as he was found involved in offence under the Bombay Prevention of Animal Act and under the Prevention of Cruelty Animal Act. The petitioner-detenu was found in possession of 1800 kg of mutton of 9 bullocks. He also found with some live animals and weapons like three knives, axe etc. While passing the order of detention, the Detaining Authority has mainly considered the fact of registration of a single offence punishable under Sections 5,6 and 8 of the Bombay Prevention of Animal Act and Section 11 (l) of the Prevention of Cruelty Animal Act registered as CR. No. 3013 of 2007.