2 Learned advocate, Mr.Saiyed, appearing for the
petitioner-detenu has invited my attention to the
order of detention dated 29/1/2014, by which, the
detenu was arrested and sent to Bhuj Jail. The
ground of detaining the accused is that one
offence was registered against the petitioner
under the provisions of Sections 5, 6, 8 and 10
of Prevention of Cruelty to Animal Act, 1954;
Section 11-E, L of the Bombay Cattle Prohibition
Act, 1960 and Section 119 of the GP Act. He is,
therefore, a “cruel person” as defined under
Section 2(bbb) of the PASA Act. Learned advocate
appearing for the petitioner has submitted that,
except this solitary offence, there is no
material with the detaining authority to detain
the petitioner under the provisions of the PASA
Act. It is submitted that the order is vitiated
because only on the basis of one offence
registered against the petitioner, and in absence
of any other material to show involvement of the
petitioner in similar activities, the detaining
authority has recorded a subjective satisfaction
that the petitioner is a cruel person. The
definition of cruel person requires habitual
involvement and, therefore, the subjective
satisfaction and the consequential order are
