R. J. SHAH, J. ( 1 ) THIS is a petition filed under Article 226 of the Constitution of India wherein the petitioner has challenged the order of detention dated 20/08/1985 Annexure A passed against him under the provisions of the Gujarat Prevention of Anti-Social Activities Ordinance 1985 The grounds of detention are also of the same date and are at Annexure B. The aforesaid order and the grounds show that the petitioner has been considered to be a dangerous person within the meaning of the said Ordinance. ( 2 ) IT is pertinent to note that the Gujarat Prevention of Antisocial Activities Act 1985 as per sec. 1 (3) thereof has come into force since 27/05/1985 by virtue of the said deeming provision The Gujarat Prevention of Anti-Social Activities Ordinance 1985 was promulgated and published on 27/05/1985. Even though the said Act was published on 1/08/1985 by virtue of the said deeming provision the Legislature has provided that it should be deemed to have come into force on 27/05/1985. ( 3 ) UNDER the said Ordinance the definition of dangerous person as per sec. 2 (c) is as under:"2 (c) dangerous person means a person who either by himself or as a member of or leader of a gang habitually commits or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code or any of the offences punishable under Chapter V of the Arms Act 1959" ( 4 ) UNDER the said Act the definition of dangerous person as per sec. 2 (c) is as under. 2 (c) is as under. 2 dangerous person means a person who either by himself or as a member or leader of a gang during a period of three successive years habitually commits or attempts to commit or abets the commission of any of the offences punishable under Chapter XVI or Chapter XVII of the Indian Penal Code or any of the offences punishable under Chapter V of the Arms Act 1959 ( 5 ) IT is to be noted that the definition under the said Act states regarding the period of three successive years and so a dangerous person under the Act would mean a person who either by himself or as a member or leader of a gang during a period of three successive years habitually commits or attempts to commit or abets the commission of any of the offences punishable under Chapter XVI or Chapter XVII of the Indian Penal Code or any of the offences punishable under Chapter V of the Arms Act 1959 ( 6 ) A persual of the said grounds at Annexure B shows that all the offences mentioned therein are of the year 1984. There is no other material of record pointing in the direction that the petitioner is a dangers person within the meaning of the said definition. It is therefore clear that the petitioner in view of the said definition under the said Act could not have been detained under the provisions of the said Act and therefore the order of detention Annexure A is vitiated on this score alone. ( 7 ) IN that view of the matter the only course left is to quash and set aside the order of detention Annexure A. The petition is therefore allowed. The order of detention Annexure A is hereby quashed and set aside. The petitioner is ordered to be released forthwith if not required to be detained pursuant to any other order. Rule is made absolute accordingly. .