RAVINDRA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) HEARD Mr. D.R.Kachhavah, advocate for the petitioner and Mr.U.H.Oza,_learned AGP for the respondents. The affidavit -in -reply tendered on behalf of the respondet no.1 is ordered to be taken on record and considered.

(2.) THE present petition is filed under Article 226 read with Articles 21 and 22(5) of the Constitution of India challenging the legality and validity of the order of detention dated 7 -9 -2007 passed by the Police Commissioner, Vadodara City, in exercise of powers under Section 3(2) of the Gujarat Prevention of Anti -Social Activities Act.

(3.) THE petitioner -detenu is branded as a "dangerous person". The grounds of detention reveal that the detaining authority took into consideration seven criminal cases registered against the petitioner as mentioned in the grounds of detention dt.7 -9 -2007 all under Sections 394/444 of the Indian Penal Code for theft and sale of the stolen motorcycles of different makes and came to the conclusion that the petitioner was a habitual offender of committing the offence of theft. Relying upon the above material of theft cases and the statements of certain witness, the detaning authority came to the conclusion that the petitioner was a dangerous person within the meaning of PASA Act, engaged in illegal activities of committing thefts, and hence, the order of detention.