GANI @ AIRTEL USMANBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Utkarsh Sharma, learned Assistant Government Pleader, waives service of notice of rule on behalf of respondent no.1 State.

(2.) This petition under Article 226 of the Constitution of India is preferred by the petitioner to quash and set aside the preventive detention order dated 16.12.2019 passed by the Police Commissioner, Vadodara 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 Act') whereby the petitioner has been detained as dangerous person. The said order came to be executed upon the petitioner detenue on 16.12.2019.

(3.) Shri O.I. Pathan, learned advocate for the petitioner detenue, submitted that the petitioner cannot be branded as dangerous person under Section 2(c) of the Act solely based on solitary offence as defined under the Act. He has further submitted that the registration of solitary offence and the record of that case alongwith the newspaper cutting relied on by the detaining authority will not disclose that the activities of the petitioner is prejudicial to the maintenance of public order. Except the registered offence relied on by the detaining authority for passing an order of preventive detention, there is no other material before it to subjectively satisfy itself to pass an order of preventive detention against the petitioner.