RAJKUMAR ALIAS MUKHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this writ petition under Article 227 of the Constitution of India, the petitioner has challenged the order of detention No. PCB/DTN/PASA/622(A)/2009 dated 01.10.2009 passed by the Police Commissioner, Ahmedabad City respondent No.2 in exercise of powers under sub-section (1) of section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 [hereinafter referred to as the PASA Act] detaining the petitioner as a bootlegger, as being illegal, invalid, arbitrary, void ab-initio and suffers from total non-application of mind and also in violation of the provisions of Articles 21 and 22 of the Constitution of India.

(2.) Learned advocate for the petitioner, Mr. Kapadia, submitted that the grounds of detention do not indicate any satisfaction recorded by the detaining authority that the activities of the detenu are detrimental to public order, and, therefore, the detention order is bad and illegal. He further submitted that the detaining authority has placed reliance on three registered offences but the same do not indicate anything to support disturbance to public order. He further submitted that on behalf of the petitioner, his lawyer made a representation on 26.10.2009 but the same has not been decided by the concerned authorities within a reasonable period, and therefore, on the ground of delay in deciding the representation also, the detention order requires to be quashed and set aside.

(3.) Ms. Trusha Patel, learned AGP submitted that the detention order is just and proper and detaining authority has passed the order after considering all relevant aspects of the matter, and the same needs no interference. She has also relied on the affidavit filed by the detaining authority in support of her contentions.