SUBHAN NOORMAMAD KATIYA MIYANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of detention dated 30.8.2012 passed by respondent No. 2, District Magistrate Rajkot under the provisions of sub-sec(2) of Section 3 of the Gujarat Prevention of Anti- Social Activities Act, 1985 (hereinafter referred to as "PASA Act").

(2.) LEARNED advocate, Ms.Jayshree C. Bhatt appearing for the petitioner-detenu has invited my attention to the order of detention dated 30.08.2012 by which the detenu was arrested and sent to Surat Jail. The grounds of detaining the accused are that one offence was registered against the petitioner under the provisions of Section 5,6,8,10 of the Mumbai Animal Preservation Act, Section 114 of the IPC and 11-L of the Animal Encroachment Act. 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 solitary offence, there is no material with the detaining authority to detain the petitioner under the provisions of 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.

(3.) HAVING regard to the contentions raised on behalf of the petitioner, it would be necessary to refer to the definition of "cruel person" as given in Section 2(bbb) of the Gujarat Prevention of Antisocial Activities Act, 1985, which runs as under:-