SCA/13022/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 13022 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE MD SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= MAHAMMED SULTAN @ BADSHAH S/O ABDUL REHMAN KURESHI - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MS SN QURESHI for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1 - 2. Mr A A Dave, AGP for Respondent(s) : ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 09/01/2008 ORAL JUDGMENT 1. Heard Mr S.N. Qureshi, learned advocate for the petitioner and Mr Apurva Dave, learned AGP for SCA/13022/2007 2/3 JUDGMENT respondents State. 2. By way of the present petition, the petitioner- detenu has challenged the legality and validity of the order of detention dated 17.04.2007 passed by the Police Commissioner, Ahmedabad City, in exercise of powers under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short “the Act”). 3. The petitioner-detenu is branded as a “Cruel Person” within the meaning of Section 2(bbb) of the Act as he was found involved in offence under the Bombay Prevention of Animal Act and under the Prevention of Cruelty Animal Act. From the grounds of detention, it appears that two offences being C.R. No.I-3026 and 3046 of 2007 were registered against the detenu with Shapur police station and from his possession 1500 and 300 kgs respectively of mutton and two vehicles were found. The Detaining Authority has mainly considered the fact of registration of the aforesaid two offences punishable under Sections 5,6 and 8 of the Bombay Prevention of Animal Act and Section 11(l) of the Prevention of Cruelty Animal Act while passing the detention order. 4. The learned Advocate for the petitioner-detenu has assailed the order under challenge on various grounds. SCA/13022/2007 3/3 JUDGMENT However, this petition is capable of being disposed of on the sole ground that the order of detention is based on registration of two offences. Reference in this connection may be had to the decision rendered in the case of SOHANLAL SURAJARAM VISONY VS STATE OF GUJARAT reported in 2004 (2) GLR 1051. 5. The present case can at the most be said to be involving law and order. It is, therefore, difficult for this Court to accept that the petitioner has been rightly detained as the activities of the petitioner can at the most be termed as affecting law and order. In short, no further discussion on the other points raised in this petition is required as in the opinion of this Court, the order of detention is not sustainable in the eye of law. 6. In the result, the petition is allowed. The impugned order of detention dated 17.04.2007 passed by the Police Commissioner, Ahmedabad City is quashed and set aside. The detenu is ordered to be set at liberty forthwith if not required in connection with any other case by any other authority. Rule is made absolute accordingly. Direct service is permitted. [M.D. SHAH, J.] msp