KHALIL MUSTAKBHAI SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(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 21. 1. 2008 passed by the respondent No. 2-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') the detenu has been branded as "dangerous person" and has been detained. By a separate order, he has been detained in Porbandar Jail.

(3.) FROM the grounds of detention, it appears that two offences have been registered against the detenue: one at Sarkhej Police Station being CR No. 89 of 2006 and the other being DCB Police Station CR No. 28 of 2007 under Sections 342, 395, 399, 400, 402 and 120-B of IPC and Section 25 (1) (b), A of the Arms Act, and Section 135 (1) of the Bombay Police Act wherein it is alleged that the detenue is engaged in the illegal activities of theft of Gold, silver etc. and armed with deadly weapons like gun, sword etc. threatening people, extorting money etc. 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 "dangerous Person".