SONALIBEN Vs. STATE OF GUJARAT AND 2 ORS.

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. Pratik Jasani for the petitioner and learned A.G.P. Mr. L.R. Pujari for the respondent -State. Learned Advocate for the petitioner has invited my attention to the order of detention dated 9.7.2013 passed by respondent No. 2, by which detenu was arrested and sent to Baroda Jail, as well as to the grounds supplied by the detaining authority.

(2.) LEARNED Advocate 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 of registered against the detenu vide II C.R. No. 63 of 2013 for the offences punishable under Sections 3, 4 and 5 of the Immoral Traffic and Prevention Act, 1956, 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.

(3.) ON the contrary, learned A.G.P. for respondent detaining Authority has supported the order of detention as well as grounds stated therein and has contended that the Authority has passed the impugned order after taking into consideration all the facts and circumstances of the case, and hence, no case is made out calling for interference of this Court.