Judgment A.L. Dave J.—The petitioner- Abdul Raoof Hussein Badam @ Saud Haji came to be detained by order dated 1.8.2010 passed by the District Magistrate, Panchmahals, Godhra after being branded as a cruel person as defined under Section 2(bbb) of the Gujarat Prevention of Antisocial Activities Act, 1985 on the basis of three offences registered against the detenu with Godhra Town Police Station under Prevention of Cruelty to Animal Act, 1960 and two offences registered for offence punishable under IPC. 2. The detaining authority has recorded in the reasons for detention on 1.8.2010, para 2 of the said reasons indicates offences registered against the detenu, the table indicates that all the offences are registered under Prohibition CR number, whereas none of the offences relates to prohibition case, three of them relate to Prevention of Cruelty to Animals Act, 1960 and two of them relate to offences under IPC. Therefore, the detaining authority does not seem to have applied its mind while recording the reasons. 3. It is also to be recorded that the definition of “cruel person” under the PASA Act requires such person to be either himself or as a member or leader of a gang habitually committing or attempting to commit or abet the commission of an offence punishable under Section 8 of the Bombay Animal Preservation Act, 1954. In the instant case, there was not an iota of material before the detaining authority to show that the detenu was involved in these offences even once under Section 8 of the Bombay Animal Preservation Act, 1954. The offence was either under IPC or under Prevention of Cruelty to Animals Act, 1960 and, therefore, also there is non-application of mind. 4. On the above grounds, the petition deserves to be allowed and the same is allowed. The impugned order of detention passed by Respondent No. 2 District Magistrate, Panchmahal, Godhra dated 1.8.2010 detaining detenu-Abdul Raoof Hussein Badam @ Saud Haji is hereby quashed and set aside. The detenu be set at liberty forthwith, if not required in any other case. Rule is made absolute accordingly. No costs. Direct service is permitted. P P P P P