RAHIM DOSMAMAD MOVER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 27/03/20102 passed by the authority functioning under respondent No.1 i.e. District Magistrate, in exercise of powers conferred under Section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (in short 'the Act') by detaining the detenue as a "Cruel person" as defined under Section 2(bbb) of the Act.

(2.) LEARNED advocate for the detenue submits that the registered case under the Prevention of Cruelty to Animals Act, 1960 would not indicate anything to support disturbance to public order nor have the activities of the detenue affected adversely the maintenance of public order and, therefore, the order of detention passed by the detaining authority cannot be sustained in law and is required to be quashed and set aside.

(3.) THE learned advocate for the petitioner has produced on record the order passed by this Court in Special Civil Application No.5853 of 2012 decided on 09/07/2012 and has stated that the co accused, who was also detained is released and detention order is quashed and set aside.