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2007 Supreme(Guj) 517

D.H.WAGHELA
KESHUBHAI MADIYABHAI KATARA – Appellant
Versus
COMMISSIONER OF POLICE OF THE CITY OF AHMEDABAD – Respondent


Advocates Appeared: BANNA S.DUTTA, M.D.MEHTA

D. H. WAGHELA, J.

( 1 ) IN both these petitions, invoking Article 226 of the Constitution and seeking writs of habeas corpus or any other appropriate direction setting aside the orders dated 30. 12. 2006 of detention, not only the impugned orders issued under the provisions of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short, "pasa") but the grounds of detention, all other relevant facts and grounds of petition are all stated to be identical and hence, they are heard together and disposed by this common judgment.

( 2 ) ACCORDING to the grounds of detention supplied to the detenu under Section 9 of PASA, they are "dangerous persons" having cruel nature and criminal mind. They are stated to be indulging in the activity of committing theft in Odhav area of Ahmedabad by breaking open locks and grills of closed premises during night and thereby instilling a sense of fear in the public. Five FIRs are stated to have been registered in Odhav Police Station alleging offences punishable under Sections 454, 457 and 388 or Sections 457 and 387 of the Indian Penal Code, 1860, pursuant to each one of which the petitioners are stated to have been arrested in Octo





























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