ANILBHAI JIVABHAI PARSAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned Counsel Mr. S. M. Chudasma for the petitioner-detenu and learned AGP Mr. Apurva Dave for the respondents.

(2.) THE petitioner-detenu has challenged the legality and validity of the order of detention dated 30-01-2007 passed by the Police Commissioner, Rajkot City, in exercise of powers under sub-section (2) of Section 3 of Gujarat Prevention of Anti-social Activities Act, 1985 (for short "the PASA Act" ).

(3.) THE petitioner-detenu has been branded as a "dangerous Person" within the meaning of Section 2 (C) of PASA Act. The grounds of detention supplied to the petitioner indicate that for recording subjective satisfaction, the detaining authority has relied on five pending cases of theft registered against the detenu being C. R. No. 342/06, C. R. No. 343/06, C. R. No. 07/07, C. R. No. 08/07 and C. R. No. 13/07 all under the Indian Penal Code. All the cases are relating to theft and sale of two wheelers and mobile phone. The detaining authority has considered certain statements of witnesses, and, thereafter, the detention order came to be passed.