SURESHBHAI KANJIBHAI VALAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed under Article 226 read with Articles 21 and 22(5) of the Constitution of India, challenging the legality and validity of the order of detention dated 15.02.2010, passed by the Commissioner of Police, Ahmedabad, in exercise of powers under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 ('the Act' for short).

(2.) The detenu has been branded as an 'immoral traffic offender' within the meaning of Section 2(g) of the Act, as he has been found to be involved in an offence under the Immoral Traffic (Prevention) Act, 1956.

(3.) The order of detention dated 15.02.2010, which was executed on 16.02.2010, reveals that the detaining authority took into consideration one offence registered under the Immoral Traffic (Prevention) Act, 1956, against the detenu. The detaining authority came to the conclusion that the detenu was an 'immoral traffic offender' with a propensity of being engaged in illegal activities for monetary gains, which are detrimental to the maintenance of public order, and prejudicial to public health and, therefore, he is an anti-social person and should be detained.