HEMANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this writ petition under Article 227 of the Constitution of India, the detenu has challenged the order of detention No. PCB/PASA/220/2009 dated 29.09.2009 passed by the Commissioner of Police, Surat 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 detenu 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 detenu, Mr. A.R. Shaikh, 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 a solitary case under the Prohibition Act but the same do not indicate anything to support disturbance to "public order". He further submitted that the offence was registered on 18.09.09, the detenu was arrested on the same date, he was released on bail on 21.09.09, and the detention order was passed on 29.09.2009. Learned advocate therefore submitted that there is a delay in passing the order of detention and on this ground also, the detention order requires to be quashed and set aside. Learned advocate further submitted that on behalf of the detenu, a representation was submitted by registered AD Post on 17.11.2009, but the same has not been considered by the respondents and on this ground also, the continued detention of the detenu 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.