SURESH MUNNASING SOLANKI 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/DTN/PASA/633/2009 dated 07.10.2009 passed by the Commissioner of Police, Ahmedabad 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 14, 21 and 22 of the Constitution of India.

(2.) Learned advocate for the detenu, Ms. Krishna U. Mishra 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. She submitted that the detaining authority has placed reliance on two cases under the Prohibition Act but the same do not indicate anything to support disturbance to "public order". She submitted that the last offence was registered on 07.07.2009, the detenu was released on bail 15.09.2009 but the detention order is passed on 07.10.2009. 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.

(3.) Ms. Jirga Jhaveri, 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.