MAULESH INDRA VADAN SONI Vs. COMMISSIONER OF POLICE

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/628/2009 dated 3.10.2009 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. Raval, 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 offences registered against the detenu but the same do not indicate anything to support disturbance to public order.

(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.