SHARAD D.DAVE - (1.) By filing this petition, the petitioner detenu has challenged the detention order dated 29.1.2005 passed by the Police Commissioner, Surat City in exercise of the powers conferred upon him under sub-section (1) of Section 3 of the Gujarat Prevention Anti-social Activities Act, 1985 ( the Act â ⠢⠬⠢ ¢â ¬ â ¢ â ¢ ¢â ¬ … ¢â ¬ â ¬ â ¢ ¢â ¬ … ¢â ¬ â ½ for short), as, the Detaining Authority found that the detenu is a dangerous person â ⠢⠬⠢ ¢â ¬ â ¢ â ¢ ¢â ¬ … ¢â ¬ â ¬ â ¢ ¢â ¬ … ¢â ¬ â ½ and is required to be detained under the preventive detention, so that, he may not continue with such type of illegal activities.
(2.) Along with the detention order, the detenu was also served with the grounds of detention of the same date. In the said grounds, there is a reference to three criminal cases which are filed under the provisions of Indian Penal Code. In the grounds of detention, the statements of certain witnesses have been recorded.
(3.) At the time of hearing of this petition, it is argued by the learned advocate for the petitioner that the petitioner was in judicial custody at the time of passing the detention order dated 29.1.2005 and there is no material with the detaining authority to come to the conclusion that after releasing from the offence in question, the petitioner will indulge in the same activities, and, therefore there is non-application of mind. Mr.Thakur has placed reliance on the decision of this Court (Coram: J.R.Vora,J) in Special Civil Application No.9344 of 2004 delivered on 11.1.2005. It is, therefore, requested to quash and set aside the impugned detention order.;