- (1.)The present petition has been filed under Article 226 read with Articles 21 and 22(5) of the Constitution of India, challenging the legality and validity of the order of detention dated 16-11-2009, passed by the Police Commissioner,Surat City in exercise of powers under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985.
(2.)The detenu has been branded as a "dangerous person" with a criminal bent of mind. The order of detention reveals that the detaining authority took into consideration two offences of theft of vehicles registered under Sections 379 and 114 of the Indian Penal Code vide C.R.No.I-322 of 2009 and C.R.No.I-257 of 2009, at Pandesara and Udhna Police Stations. The detaining authority came to the conclusion that the detenu was a "dangerous person" with a propensity of being engaged in illegal activities of theft and causing economic losses, therefore, he is an anti-social person and should be detained. It is further alleged in the ground of detention that the detenu threatens and beats innocent persons of the area by using deadly weapons and, therefore, he has become an obstruction to the maintenance of public order.
(3.)Mr.Kamlesh Kachhavah, learned counsel for the petitioner has submitted that the offences registered against the detenu under the Indian Penal Code cannot be said to be disturbing to the public order, and merely by registration of three offences of theft of vehicles would not give the detaining authority sufficient justification for passing the order of detention against the detenu. The learned counsel for the petitioner has further submitted that even if it is assumed, though denied, that the detenu is engaged in any anti-social activities, the only disturbance that can be caused is to the law and order situation, and not to public order,therefore, the detention of the detenu is not necessary and the impugned order of detention deserves to be quashed and set aside.