KINDUBHAI JAGLABHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER is ordered to be kept on preventive detention by an order dated 5.10.2010 passed by the District Magistrate, Vadodara, in exercise of powers under Section 3(1) of Prevention of Antisocial Activities Act (for short 'PASA').

(2.) GROUNDS of detention would indicate that against the Petitioner, there is an isolated case of offence under Section 66B, etc. for offences punishable under Bombay Prohibition Act registered on 16.3.2010. It is further recorded that to prevent the Petitioner from committing similar antisocial activities, it is necessary to place him under preventive detention.

(3.) COUNSEL for the Petitioner, however, submitted that only for involvement in one case of prohibition, the Petitioner cannot be said to be antisocial element. His detention is, therefore, illegal. Reliance was placed in the case of Ashokbhai Jivraj @ Jivabhai Solanki v. Police Commissioner,, Surat and Ors.,2001 1 GLH 393 wherein Division Bench of the High Court made following observations.