HASMUKHBHAI N KOTAK Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The petitioner challenges the order of preventive detention dated 19th December, 1998 made by the Commissioner of Police, Rajkot 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 petitioner, a resident of Rajkot City, is alleged to have perpetrated fraud upon the Banks and to have duped the Banks of Rs. 40,74,000/=. In view of the above referred fraud perpetrated by the petitioner, six offences punishable under Chapter XVII of the Indian Penal Code have been registered against the petitioner. The petitioner is, therefore, held to be a habitual offencer and for that matter, a dangerous person within the meaning of Section 2 (c) of the Act. Besides, two individuals have given statements in respect of the various frauds alleged to have been committed by the petitioner.