GOVINDKUMAR BHAVANSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is directed against the order of preventive detention dated 20.01.2020 made by the respondent No.2 herein The District Magistrate, Sabarkantha, in exercise of powers under Sub-Section(2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as "The PASA Act") whereby the petitioner detenue has been detained as "immoral traffic offender". The said order came to be executed upon the petitioner detenue on 24.01.2020.

(2.) Mr. Dhaval Barot, learned advocate for the petitioner, has drawn the attention of the Court to the contents of the impugned order of detention to submit that the only material on which the said order is based is the solitary offence registered against the petitioner under the provisions of The Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as "The Immoral Traffic Act"). It is submitted that except for the solitary offence registered against the petitioner and the record of the said case, there was no other material before the Detaining Authority. It is submitted that merely because an offence has been registered against the petitioner under The Immoral Traffic Act, without anything more, it cannot be said that the activities of the petitioner are prejudicial to the maintenance of public order. Referring to the impugned order, it is pointed out that the subjective satisfaction of the Detaining Authority is based upon the fact that the petitioner is the "immoral traffic offender", as defined under Section 2(g) of the PASA Act.

(3.) It is further submitted that by commission of a solitary offence, it cannot be said that the petitioner habitually committs offence under the "Immoral Traffic Act". In short, the submission is that the word "habitually commits" signifies consistent, persistent and plurality of offence committed by a person. Therefore, it is submitted that the petitioner cannot be said to be "immoral traffic offender" based on solitary FIR registered against him under the "Immoral Traffic Act". Over and above that, except the said registered offence, there is no material against the petitioner to detain him under the preventive detention law.