A.L.DAVE
KISHOR NAGINBHAI PARMAR – Appellant
Versus
STATE – Respondent
( 1 ) THE Commissioner of Police, Vadodara city, Vadodara passed an order on 1 2/02/1999 in exercise of powers under sub-section [2] of section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 [for short, `the PASA Act] detaining the petitioner under the PASA Act. The grounds of detention reveal that the detaining authority took into consideration two of the offences registered against the petitioner. The authority also considered that the petitioner acts in a high-handed manner and has formed a gang for pursuing his illegal activities. The authority verified the statements of two witnesses whose identity has not been disclosed in exercise of powers u/s 9[2] of the PASA Act and recorded a subjective satisfaction that the petitioner is engaged in illegal and antisocial activities endangering the life and property of public and people have fear and apprehension from him, as a result of which, people are not prepared to come forward and lodge a complaint against the petitioner. The detaining authority, therefore, considered the detention as the only remedy that can be resorted to in order to deter the petitioner from pursuing his illegal activities.
( 2 )
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