RAMESHCHANDRA DHIRAJLAL VANKAWALA @ BALAK Vs. COMMISSIONER OF POLICE, SURAT AND OTHERS

JUDGEMENT

(1.) The detaining authority has passed the order of detention against the petitioner-detenu under Sub-Section (2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "the Act") on his being satisfied that with a view to preventing the petitioner from acting in any manner prejudicial to the public order in the area of Surat City, it is necessary to make an order directing the petitioner to be detained. The grounds of detention were also supplied to the petitioner. On perusal of the said grounds it appears that the detaining authority was satisfied on the point that the petitioner was a "dangerous person" as defined under the Act and that his activities as such were prejudicial to the maintenance of public order.

(2.) On perusal of the grounds of detention it appears that 11 cases are referred to by the detaining authority. Out of the said cases two are of 1979, five cases are of 1980, one case is of 1981, two cases are of 1983 and one case is of 1986 and except in one case of 1983 which was compromised, all other cases were not established against the petitioner-detenu. So far as the case of 1986 is concerned, there was a compromse arrived at between the parties. With a view to satisfying that the activities of the detenu were prejudicial to the maintenance of public order reliance is placed on statements of three persons namely, Dahoodbhai Adam, Saifuldin Mohmedbhai and Champakbhai Chhaganbhai. The statements of the said persons were recorded on 18-6-1987, 27-6-1987 and 22-6-1987 respectively.

(3.) On the basis of the aforesaid material the detaining authority was satisfied on the point that it was necessary to detain the petitioner-detenu under the provisions of the Act and accordingly, the impugned detention order was passed by him.