ORAL JUDGMENT

1. This is a petition preferred under Article 226 of the Constitution of India, challenging the detention order being No. PCB/DTN/PASA/450/2020 dated 09.07.2020 passed by the Police Commissioner, Ahmedabad City, the respondent no.2 herein, placing the petitioner under preventive detention, in purported exercise of their powers under the Gujarat Prevention of Anti-Social Activities Act, 1985. 2. There are two FIRs registered against the present petitioner, where, he has been granted regular bail in connection with the FIR being I-C.R. No.70/2019 registered with Khokhra Police Station under Sections 325, 323, 294B, 506(1), 114 of IPC dated 13.07.2019 and the second being I-C.R. No.11191003200635/2020 registered with Khokhra Police Station under Sections 324, 323, 141, 143, 145, 148, 427, 294B of IPC and Section 135(1) of GP Act dated 16.06.2020.

2.1 The petitioner is alleged on the ground of detention that the petitioner is a head strong and criminal minded person. It is alleged that the petitioner is required for the maintenance of public peace and public order in the area. It is alleged that the petitioner is branded as ‘Dangerous Person’ and thereby the petitioner is acting prejudicial to the maintenance of public order in the said area.

3. This Court issued rule on 04.08.2020 and the registry was directed to list this petition for final hearing. Today, learned Advocate, Mr. Punam Gadhvi, appearing for the petitioner and the learned AGP, Ms.Vrunda Shah, have been heard elaborately.

4. A serious grievance is made by the learned Advocate, Mr.Gadhvi, urging this Court that in purported exercise of the powers under the PASA Act, the detenue is sent in Lajpor District Jail, Surat on 09.07.2020 and to be treated as Class-II detenue. The petitioner has made representation to respondent Nos.1 and 2 on 23.07.2020 through RPAD because the order of respondent No.2 is bad in law and without having sufficient and direct evidence against the petitioner, respondent No.2 has passed prevention of PASA order against the petitioner. It is urged that while passing the detention order, the detaining authority has relied upon two cases for the offence punishable sections 325, 323, 294B, 506(1), 114 of IPC on 13.07.2019 and thereafter about one year another case was filed against the petitioner and other accused which is registered at Khokhra Police Station vide I CR No.11191003200635 dated 16.06.2020 under Sections 324, 323, 141, 143, 145, 148, 427, 294B of IPC and Section 135(1) of GP Act and thus, on the basis of two cases, which is filed on 13.07.2019 and 16.06.2020 and thereafter there is no case filed and thereafter within a month, detention order was passed on 09.07.2020 and thus, the petitioner has been detained under PASA Act. Therefore, there is clear cut of non-application of mind on the part of the detaining authority and hence, the detention order is required to be quashed.

5. Learned AGP, Ms. Shah, has objected to the same on the ground that the subjective satisfaction of respondent No.2 is based on the material, which is placed on record. The conduct of the petitioner is indicative that the public order shall be disturbed, if, he is released.

6. Having, thus, heard both the sides and noticing the material, which has been placed before this Court, it is to be noted that the examination by this Court of the subjective satisfaction arrived at by the respondent-authority, which has exercised the powers under sub- Section (2) of Section 3 of the PASA Act and has passed the order of detention, preventing the petitioner from acting in any manner prejudicial to the public peace by terming him as a dangerous person. It is to be noted that the first FIR being I-C.R. No.70/2019 registered with Khokhra Police Station under Sections 325, 323, 294B, 506(1), 114 of IPC dated 13.07.2019 is concerned, he has already been released on regular bail. Thereafter, there is no offence registered against the present petitioner, till the registratio