RASHIDMIYA @ CHHAVA AHMEDMIYA SHAIK vs POLICE COMMISSIONER, AHMEDABAD & ANR.

The Supreme Court quashed the detention order against the petitioner under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985, holding that the detaining authority failed to establish that the petitioner was a 'dangerous person' as defined in Section 2(c) of the Act. The Court emphasized that to qualify as such, it must be shown that the individual habitually commits or abets serious offenses under specified chapters of the Indian Penal Code or the Arms Act. The Court found that the evidence presented did not support the conclusion of habitual criminality, thus invalidating the detention order.