IMPORTANT POINT
Where detenu was an illiterate person, the grounds should bear some sort of certificate that the grounds have been explained to detenu (supported by affidavit). A bare statement at the stage of Habeas Corpus petition that these formalities were observed would be of no consequence.

JUDGMENT

B.S. Kapadia, J. - The petitioner has filed the present petition praying for a writ of Habeas Corpus and for setting aside the order of detention passed against him and for .directing the respondent-authorities to release him forthwith.

2. The order of detention date 13.8.1985 is passed against the petitioner by the District Magistrate, Junagadh who is the respondent No. 1 herein, with a view to preventing the petitioner from acting in any manner prejudicial to the public order, under section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985. The petitioner was supplied with the grounds of the detention order which are annexed as annexure B to the petition. Inter alia it is alleged that the following cases have been filed against the petitioner in the Bhagwadar Police Station:

S.No

Criminal Case No.

Date

Offence

1.

91/83

19.10.83

U/s. 307, I.P.C Pending in the Court.

2.

69/84

11.8.84

U/ss. 323 and 324, I.P.C. pending in the Court.

3.

76/84

31.8.84

U/ss. 307 and 447, I.P.C. pending in the Court.

4.

71/85

6.7.85

U/ss. 323, I.P.C. pending in the Court.

It is also alleged in the grounds that on account of the aforesaid offences, the petitioner was found to be a dangerous person, defined under section 2 (c) of the said Act. Further, in the ground No.2, it is also alleged that on account of petitioner's criminal activities there is an atmosphere of terror and insecurity amongst the residents of the village Bhumivada and on account of fear, the merchants of the said village have to close their shops and that the petitioner was extorting money from the public by giving threats. The petitioner was also given the documents connected with the detention order.

3. Shri H.L. Patel, the learned advocate appearing for the petitioner has raised the following grounds before us:

(i)      That the detaining authority has not applied its mind by not taking into consideration the relevant materials and by taking into consideration irrelevant materials in holding the petitioner to be a "dangerous pers1986]

An Act further to amend the Indian Electricity Act, 1910.

Be it enacted by P4rliament in the Thirty-seventh Year of the Republic of India as follows :

1. Short title.-This Act may be called the Indian Electricity (Amendment) Act, 1986.

2. Substitution of new sections for section 39.-For section 39 of the Indian Electricity Act, 1910 (9 of 1910) (hereinafter referred to as the principal Act), the following sections shall be substituted, namely:

"39. Theft of energy.- Whoever dishonestly abstracts, consumes or uses any energy shall be punishable with imprisonment for a term which may extend to three years, or with fine which shall not be less than one thousand rupees, or with both; and if it is proved that any artificial means or means not authorised by the licensee exist for the abstraction, consumption or use of energy by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of energy has been dishonestly caused by such consumer.

39A. Abetment.-Whoever abets an offence punishable under section 39 or section 44 shall, notwithstanding anything contained in section 116 of the Indian Penal Code, (45 of 1960), be punished with punishment provided for the offence".

3. Amendment of section 44.-In section 44 of the principal Act,

(a) after clause (a), the following clause shall be inserted, namely :

"(aa) unauthorisedly re-connects any meter referred to in sub-section ( 1) of section 26, or any meter, indicator or apparatus referred to in subsection (7) of section 26, with any electric supply. line or other works, being the properly of the licensee, through which energy may be supplied, when the said electric supply line or other works has or have been cut or disconnected under subsection (1) of section 24 ; or" ;

(b) for the words "shall be punishable with fine which may extend. to five hundred rupees", the words "shall be punishable with imprisonment for term which may extend