( 1 ) FOR himself for R. K. ABICHANDANI, j. (Majority view) : The question that stands referred to us, as a Full Bench, for our consideration and answer, runs as follows: "whether the cases for the offences punishable under Chapters XVI and XVII of the I. P. C. and Chapter V of the Arms Act, 1959, pending investigation can be taken into consideration for arriving at the subjective satisfaction as to whether a person is a dangerous person within the meaning of Sec. 2 (c) of the Gujarat Prevention of Anti-Social Activities Act, 1985?" the need for the reference arose, because, B. S. Kapadia and N. J. Pandya, jj. , who have made the reference, found themselves not in a position to agree with the view of the Bench of C. V. Jani and (one of us), S. D. Dave, JJ. , in shamjibhai Manjibhai Patel v. Commissioner of Police, City of Ahmedabad and anr. , 1992 (2) XXXIII (2) GLR 1360. wherein it was opined :". . . . . . . . . it shall have to be accepted that the detaining authority could not have utilised the registration of the abovesaid 4 Criminal Cases against the petitioner-detenu, because at the relevant time they were all under investigation. "the Bench, in Shamjibh