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1999 Supreme(Guj) 522

C.K.THAKKER, K.M.MEHTA
ASHOKBHAI JIVRAJ – Appellant
Versus
COMMISSIONER OF POLICE – Respondent


Advocates Appeared: B.C.DAVE, REKHA H.KAPADIA

C. K. THAKKER, J.

( 1 ) THIS appeal is filed against dismissal of SCA No. 597 of 1999 by the learned Single Judge on 3/08/1999. Appellant was the original petitioner. He was detained by the Commissioner of Police, Surat City, Surat under the provisions of the Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as "the Act" ). In the order of detention, it was stated that the detaining authority was satisfied that with a view to preventing the detenu from acting in a manner prejudicial to maintenance of public order, it was necessary to detain him and accordingly, the order was passed. In the grounds of detention of even date, it was stated that four cases have been registered against the detenu in the year 1998.

( 2 ) ON 29/03/1998, at about 18. 00 hours, the detenu had gone to the residence of Smt. Jaina Bibi, wife of Anwarhusein Shakurbhai Shaikh at Surat and teased her daughter Yashminbanu, aged about 16 years. He also misbehaved with her for which a complaint was filed against the detenu for the offences punishable under Sections 452, 352, 323, 504 , 506 (2) ,427 of the Indian Penal Code read with Section 135 of the Bombay Police Act. In connection with the s

















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