LAWS(GJH)-2013-11-196

NARESHBHAI CHANCHALDAS MAKHIJA Vs. STATE OF GUJARAT

Decided On November 25, 2013
Nareshbhai Chanchaldas Makhija Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) PERUSED the petition, materials supplied to the detenu, detention order and affidavit -in -reply filed by the detaining authority and heard learned advocate Mr.J.S. Rathod for the petitioner and learned A.G.P. Ms.Jirga Jhaveri for the respondent -State.

(2.) LEARNED Advocate for the petitioner has invited my attention to the order of detention dated 18.06.2013 passed by the respondent No.2 by which, detenu was arrested and at present, he is in Rajkot jail as well as to the grounds supplied by the detaining authority.

(3.) LEARNED advocate for the petitioner has further submitted that in the order of detention, it is stated that the detenu is carrying on antisocial activities and on the basis of solitary offence registered before the concerned police station vide IIC. R.No.3199 of 2013 for the offence punishable under Sections 3,4,5 and 8 of the Prevention of Immoral Traffic Act against the detenu, he has been termed as 'Immoral Traffic Offender' within the meaning of Section 2(g) of the P.A.S.A. Act. It is also stated in the impugned order that as the said activities of the detenu are dangerous and affecting maintenance of 'public order' and 'public health', the order of detention has been passed against him.