AASHADAHMED DILSADAAHMED KURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is directed against the order of detention dated 16.03.2012 passed by the authority functioning under Respondent No. 1, i.e. Police Commissioner, in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (in short 'the Act') by detaining the detenue as a "cruel person" as defined under Section 2(bbb) of the Act.

(2.) Learned advocate for the detenue submits that the registered case under the Prevention of Cruelty to Animals Act, 1960 would not indicate anything to support disturbance to public order nor have the activities of the detenue affected adversely the maintenance of public order and, therefore, the order of detention passed by the detaining authority cannot be sustained in law and is required to be quashed and set aside.

(3.) Learned AGP has opposed the petition and supported the order of detention in letter and spirit.