B.S.KAPADIA - (1.) The petitioner-detenu has filed this petition against the order of detention passed against him by the Commissioner of Police Ahmedabad under the provisions of the Gujarat Prevention of Anti-Social Activities Act 1985 on 31.10.1985. The petitioner was supplied with the grounds of detention. Copy of Hindi translation of the said grounds is annexed to the petition as Annexure-C to the petitioner.
(2.) On perusal of the said grounds it appears that the petitioner was tried as convict for the offence under Section 25(1)(b) of the Indian Arms Act in Criminal Case No. 406 of 1990 and that he is also convicted for the said offence by the learned Metropolitan Magistrate Court No. 4 Ahmedabad by order dated 23.8.1991. However on perusal of the said order it appears that the petitioner was arrested on 4.10.1990 and was sentenced to S.T. for 10 months and fine of Rs. 100 i. d. he was ordered to undergo further S. 1 for 15 days. It is clear that the petitioner was in Jail from 4.10.1990 in the said case and he must have been released immediately after conviction. However as the petitioner did not pay up the fine he had to undergo further S. 1. for 15 days as provided in the said order passed by learned Magistrate.
(3.) It also appears from the grounds of detention that there were four persons who have given statements against petitioner but in the public interest their names and addresses were not disclosed to petitioner though copies of statements have been supplied to him in the language known to him. On perusal of the said statement it appears that they are in respect of incidents which have taken place approximately on 2.1 5.1 11.1 and 15.10.1991. There was also another incident of 19.10.1991 for which F. I. R. is filed and the case is under investigation. The last case which is referred to is also under Section 25(1)(b) of the Indian Arms Act.;