BALDEVBHAI @ BALI VIRBHANUBHAIDANGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned Counsel Mr.N.P.Thakkar for the petitioner -detenu and learned A.G.P. Mr.D.R.Chauhan for the respondents.

(2.) THE petitioner -detenu has challenged the legality and validity of the order of detention dated 29 -3 -2008 passed by the Police Commissioner, Rajkot City, in exercise of powers under sub -Section (2) of Section 3 of the Gujarat Prevention of Anti -Social Activities Act, 1985( for short " the PASA Act").

(3.) THE petitioner -detenu has been branded as a "dangerous person" within the meaning of Section 2(c) of the PASA Act. The grounds of detention supplied to the petitioner indicate that for recording subjective satisfaction, the detaining authority has relied on 2 pending cases of theft registered against the detenu being CR.NO. -140/2008 dt.19 -3 -2008 under Sections 324,323,504,114 and 188 of I.P.C and CR No.II -38/2008 under Sections 25(1)(b)(a) of the Arms Act and Sections 188 and 114 of the IPC. All the cases are relating to threatening general public with illegal arms. The detaining authority has also considered certain statements of witnesses, and thereafter, the detention order came to be passed.