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1999 Supreme(Guj) 540

C.K.THAKKER, K.M.MEHTA
SHANKAR VISHNUBHAI SINDHI – Appellant
Versus
COMMISSIONER OF POLICE – Respondent


Advocates Appeared: SATISH R.PATEL

THAKKER, J.

( 1 ) THIS appeal is filed against dismissal of Special Civil Application No. 221 of 1999 by the learned Single Judge on 3/08/1999.

( 2 ) APPELLANT was the original petitioner. By an order, dated December 8, 1998, he was detained by the Commissioner of Police, Baroda city, Baroda ("detaining authority" ).

( 3 ) IN exercise of powers under Section 3 of the Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as "the Act"), the detaining authority was satisfied with respect to the appellant that with a view to preventing him from acting in a manner prejudicial to maintenance of public order, it was necessary to detain him and accordingly, an order of detention was passed.

( 4 ) ON the same day, grounds of detention were supplied to him. It was alleged in the grounds of detention that the detenu was a "dangerous person" within the meaning of Section 2 (c) of the Act and his activities were prejudicial to maintenance of public order. Four criminal cases were registered against him in 1998. All the cases were pending for trial before regular courts. In three of those cases, a sword was alleged to have been used for commission of crimes. Over and above crimi











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