HITESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is only on the basis of the solitary offence registered against the petitioner under Bombay Prohibition Act that the petitioner is detained in purported exercise of the powers under Section 9 read with Section 3 read with Section 2(c) of the Gujarat Prevention of Anti-Social Activities Act (for short "PASA Act").

(2.) In absence of the required material within the meaning of Section 3 of the PASA Act, the order of detention would not prima facie fall under Section 9 of the Act and thus would amount to exercise of powers not germane to the Act. No person can be deprived of the liberty by such arbitrary and ex-facie unlawful exercise of the power. The right under Article 21 is the precious right and can be deprived of strictly in terms of the legal provisions; that has not happened in the facts of the present case and thus petitioner cannot be detained even for a minute.

(3.) This Court, in SCA No.12652 of 2020 decided on 14/10/2020, in similar set of facts has made the following observations: