CHETANBHAI NAVALSING SANGHADA Vs. POLICE COMMISSIONER

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/635/2009 dated 08.10.2009 passed by the Police Commissioner, Ahmedabad City, respondent No.1, 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 fundamental rights guaranteed under the Constitution of India.

(2.) Learned advocate for the detenu , Mr. Sharma, 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 offence registered against the detenu but the same do not indicate anything to support disturbance to public order. He submitted that the offence was registered against the detenu was dated 26.09.2009, the detenu was released on bail 01.10.09 and order of detention was passed on 08.10.2009 and hence there is a delay in passing the order of detention.

(3.) Mr. Sejpal, 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.