RAJKUMAR KALLU SAHU 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 20/08/1998, made by the Commissioner of Police, Surat City, under the powers conferred upon him under sub-sec. (1) of Sec. 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the Act').

(3.) The petitioner and two other accomplices are alleged to have committed four offences punishable under Secs. 454, 457, 380 and 114 I.P.C. All the offences are registered in Pandesara Police Station and are pending investigation. In respect of these offences, the petitioner was arrested and was ordered to be released on bail. In course of investigation, the stolen articles, i.e., muddamal articles were recovered from the petitioner and two other accomplices. Along with the muddamal articles, several other stolen articles like T.V. sets, stabilisers, suitcases, bicycles and fans were also recovered from the petitioner and his accomplices. Moreover, two witnesses whose identity has been withheld, have informed the police about two other incidents of 7/06/1998 and 5/07/1998 respectively. In the said statement, it is stated that the petitioner and his accomplices, believing that the witness was a police informant, had beaten the witness on the public road and had tried to terrorise the crowd gathered there by wielding a sword. On the other occasion, the witness was asked to keep stolen articles in his house and upon refusal, the witness was beaten and the people gathered there were terrorised by wielding a sword. In both the incidents, it is reported that on account of the violence committed by the petitioner and his accomplices, the people had been frightened and the surrounding shops and stalls, etc., were immediately closed. It is, therefore, alleged that the petitioner is a habitual offender and is, therefore, a 'dangerous person'. The petitioner's activities are also found to be prejudicial to the maintenance of public order.