ASLAM SATTAR MEMON Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) The petitioner herein challenges the order of preventive detention dated 7/07/1998, passed by the Commissioner of Police, Surat City, under the powers conferred upon him under sub-section (1) of section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as 'the Act').

(3.) The grounds of detention served upon the petitioner disclose that in the year 1998, four offences have been registered against the petitioner for the offences punishable under Chapters-XVI and XVII of the IPC. All the said cases are pending trial before the concerned court. In two of the offences, the petitioner is charged for stealing the vehicles, while in the other two cases, the petitioner is alleged to have robbed the complainant and has administered threats to the complainant by brandishing a long knife. Further, apart from the above referred four cases pending against the petitioner, two more such incidents have been complained of, however, no offence has been registered in those two cases since the complainants are apprehensive of retaliation and are not agreeable to lodge formal complaint. In both the said cases, the petitioner is alleged to have robbed the respective complainant of his cash in public place. Upon raising alarm, the people had gathered. The petitioner had tried to disperse the crowd by brandishing a knife, on account of which, the people had to run away from the spot and the adjoining shops were all immediately closed. In the second incident, the petitioner is alleged to have dragged the complainant out of his vehicle and hit him. Pursuant to the alarm raised by the complainant, the people had gathered and the petitioner dispersed the crowd by brandishing the knife at them. On this occasion also, the shops were immediately closed.