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2015 Supreme(Guj) 242

K.S.JHAVERI
Bharatbhai Jivrajbhai Limbasiya – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:K.S. Chandrani, Advocate
For Respondents/Defendant: Rakesh Patel, AGP

JUDGMENT

K.S. Jhaveri, J.

1. By way of this petition, the petitioner-detenue has challenged the order of detention dated 10.06.2013 passed by the Commissioner of Police, Rajkot in exercise of powers conferred on him under sub-section (1) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short, 'the PASA Act') and has also prayed for an order to set him free from detention.

2. The order of detention along with the grounds supplied to the detenue are suggestive of the fact that the petitioner has been detained labelling him as a "dangerous person" as provided under sub-section (2) of Section 3 of the PASA Act. The grounds of detention are also suggestive of the fact that the detaining authority has taken into consideration a case registered with the Bhaktinagar Police Station, Rajkot vide CR No. II-57/2014 for the offence punishable under Sections25(1)(1-B)A and 27(1) of the Arms Act. The status of the F.I.R. has been shown as "pending in the court". The subjective satisfaction as reflected from the grounds are to the effect that the detenue is indulging in the offences falling within Chapter XVII of the Indian Penal Code. His highhanded actions create a si















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