LAWS(GJH)-2008-1-45

MAHAMMED SULTAN ALIAS BADSHAH Vs. STATE OF GUJARAT

Decided On January 09, 2008
MAHAMMED SULTAN ALIAS BADSHAH , ABDUL REHMAN KURESHI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) HEARD Mr S. N. Qureshi, learned advocate for the petitioner and Mr Apurva Dave, learned AGP for respondents State.

(2.) BY way of the present petition, the petitioner-detenu has challenged the legality and validity of the order of detention dated 17. 04. 2007 passed by the Police Commissioner, Ahmedabad City, in exercise of powers under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short Sthe Act ).

(3.) THE petitioner-detenu is branded as a SCruel Person within the meaning of Section 2 (bbb) of the Act as he was found involved in offence under the Bombay Prevention of Animal Act and under the Prevention of Cruelty Animal Act. From the grounds of detention, it appears that two offences being C. R. No. I-3026 and 3046 of 2007 were registered against the detenu with Shapur police station and from his possession 1500 and 300 kgs respectively of mutton and two vehicles were found. The Detaining Authority has mainly considered the fact of registration of the aforesaid two offences punishable under Sections 5,6 and 8 of the Bombay Prevention of Animal Act and Section 11 (l) of the Prevention of Cruelty Animal Act while passing the detention order.