LAWS(GJH)-2013-4-262

BHARATBHAI ISHWARLAL PANCHAL Vs. POLICE COMMISSIONER

Decided On April 12, 2013
Bharatbhai Ishwarlal Panchal Appellant
V/S
POLICE COMMISSIONER Respondents

JUDGEMENT

(1.) THE detenu has filed this petition challenging the order of detention dated 16.1.2013 passed by respondent No.1 under the provisions of sub-Section (2) of Section 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 (hereinafter referred to as the 'PASA Act').

(2.) LEARNED Advocate for the petitioner has invited my attention to the order of detention dated 16.1.2013 by which detenu was arrested and sent to Junagadh District Jail, as well as to the grounds supplied by the detaining authority. In the grounds of detention, one criminal case is shown registered against the detenu.

(3.) HE has further submitted that on the basis of only one criminal case registered against the detenu, he cannot be termed as an 'Immoral Traffic Offender'. In support of his case he has placed reliance on a decision of this Court passed in the case of "Sohanlal Surajram Visnoi Vs. State of Gujarat and Ors." reported in 2004(2)GLR 1051 wherein it was held as under,