SARFARAJ @ TYSON GULAM JAFAR SHAIKH THRO JAINAB BIBI SARFA Vs. COMMISSIONER OF POLICE OF CITY OF AHMEDABAD

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order dated 26.11.2007 passed by Police Commissioner, Ahmedabad in exercise of powers conferred upon him under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 ("PASA Act" for short).

(2.) LEARNED Advocate for the detenu has invited my attention to the order of detention dated 26.11.2007 by which detenu was arrested and sent to District Jail, Porbandar as well as to the grounds supplied therein. As the grounds of detention, three criminal cases are shown as registered against the detenu which pertains to 'Animal Act'. In connection with the said offence, it was alleged that the detenu was found in illegal possession of mutton of bullocks, calves etc. On the basis of the aforesaid registered offences, the order of detention came to be passed by the Authority against the detenu.

(3.) LEARNED A.G.P. for respondent -detaining Authority has supported the order of detention as well as grounds stated therein and has contended that the Authority has passed the impugned order after taking into consideration all the facts and circumstances of the case, and hence, no case is made out calling for interference of this Court. In support of his case, learned A.G.P. has placed reliance on a decision of the Apex Court in the case of Sitthi Zuraina Begum Vs. Union of India and Others, reported in AIR 2003 SC 323. However, learned A.G.P. is not in a position to controvert the aspect of delay caused in passing the order of detention.