DINESHBHAI ALIAS AADA Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Dineshbhai Alias Aada
State of Gujarat and 2 Ors.
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S.H. Vora, J. -
(1.) PERUSED the petition, materials supplied to the detenu, detention order and heard learned advocate Mr. Prajapati for the petitioner and learned A.G.P. Mr. Bhatt for the respondent -State.
1.1 The respondent -State has not filed affidavit -in -reply. Therefore, averments and contentions raised in the petition remains unchallenged and un -controverted.
(2.) THIS petition under Article 226 of the Constitution of India is directed against the order of detention dated 17.10.2013 passed by the respondent authority in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short the Act) by detaining the detenue as a "dangerous person" as defined under Section 2(c) of the Act. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside and the ground that two offences registered against the detenu before the concerned police station vide I -C.R. Nos. 10/2012 and 192/2013 for the offences punishable under Sections 454, 457, 380 and 454, 457, 380 and 114 of I.P.C. respectively, by itself cannot bring the case of the detenue within the purview of definition "dangerous person" under Section 2(c) of the Act. Learned advocate for the detenue further submits that illegal activity carried out as alleged cannot have any nexus or bearing with maintenance of public order and at the most it can be said to be breach of law and order. Further, except registration of FIR/s, no other relevant or cogent material is available on record connecting the alleged anti -social activities of the detenue with breach of the public order.
(3.) SECTION 2(c) of the Act defines the term "dangerous person" as under: -
2(c). "dangerous person" means a person, who either by himself or as a member or leader of a gang, habitually commits, or attempts to commit or abets the commission of any of the offences punishable under Chapter XVI or Chapter XV11 of the Indian Penal Code (GLV of 1860) or any of the offences punishable under Chapter V of the Arms Act, 1959 (54 of 1959).;
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