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(2.)Learned Advocate, Mr. Imran H. Pathan appearing for the petitioner - detenue has invited my attention to the order of detention dated 05.03.2015, by which, the detenue was arrested and sent to District Jail, Bhavnagar. The ground of detaining the accused is that solitary offence was registered against the petitioner under the provisions of Sections 5 and 8 of the Bombay Animal Preservation Act, 1954 and Section 3, 11(I), D of Prevention of Cruelty to Animals Act, 1960 and Section 114 of the Indian Penal Code. He is, therefore, a "cruel person" as defined under Section 2(bbb) of the PASA Act. Learned Advocate appearing for the petitioner has submitted that, except this one offence, there is no material with the detaining Authority to detain the petitioner under the provisions of the PASA Act. It is submitted that the order is vitiated because only on the basis of one offence registered against the petitioner, and in absence of any other material to show involvement of the petitioner in similar activities, the detaining Authority has recorded a subjective satisfaction that the petitioner is a cruel person. The definition of cruel person requires habitual involvement and, therefore, the subjective satisfaction and the consequential order are vitiated.
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