ARVINDBHAI BATUKBHAI GALORIYA Vs. POLICE COMMISSIONER

JUDGEMENT

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

(2.) THE petitioner-detenue has preferred this petition under Article 226 of the Constitution of India, for appropriate writ, order or direction for quashing and setting aside the impugned order dated 29. 1. 2008 passed by the respondent No. 1-Commissioner of Police, Rajkot City, in exercise of power under sub-section (2) of Section (3) of the Gujarat Prevention of Anti Social Activities Act, 1985 ("pasa Act" for short) whereby the petitioner has been detained as a "dangerous Person". In pursuance of the said impugned order, the petitioner is detained in Nadiad Jail.

(3.) FROM the grounds of detention, it appears that two offences being CR Nos. 474 of 2007 and 15 of 2008 have been registered against the detenue under the provisions of Sections 394, 384, 385, 504, 114, 448, 170 of IPC at Pradyumnanagar Police Station and Rajkot Taluka Police Station on the ground that the petitioner detenu is involved in theft of motor cycles, mobiles etc. by showing weapons like knife etc. On the basis of registration of these cases, the detaining authority, after recording the subjective satisfaction, has come to the conclusion that the present petenu's aforesaid activities are prejudicial to maintenance of "public Order" and ultimately passed the impugned order of detention against him branding him as a "dangerous Person".