GAFFARMOHAMMAD HUSSAINMIYAN MIYANA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) 1. Heard learned advocate appearing on behalf of the petitioner-detenue and 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 the impugned order of detention dated 14. 3. 2008 passed by the respondent No. 1-Police Commissioner, Ahmedabad City, whereby in exercise of power under sub-section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short, 'pasa') and consequently, the petitioner has been branded as a 'dangerous person"" and detained him in Jamnagar Jail.

(3.) FROM the grounds of detention, it appears that six offences have been registered against the petitioner "detenue at Madhavpura Police Station being CR Nos. I-308 of 2005, 26 of 2006, 254 of 2006, 255 of 2006, 291 of 2006, and 50 of 2008 under Sections 454, 457, 380, 397, 447, 511, and 114 of 114 of Indian Penal Code wherein it is alleged that the petitioner is engaged in the illegal activity of theft of iron pieces. On the basis of the registration of these cases, the detaining authority after recording the subjective satisfaction, has come to the conclusion that the present detenue's aforesaid activities are prejudicial to maintenance of 'public order' and ultimately passed the impugned order of detention against him branding him as a "sdangerous Person"".