VASIM YUSUF NOBARA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) The challenge is to the order of detention dtd. 5/9/2023 passed by the respondent - detaining authority viz. the Commissioner of Police, Vadodara City, in exercise of powers conferred under Sec. 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner - detenue as defined under Sec. 2(c) of the Act.

(3.) Learned advocate for the detenue submits that the grounds of detention would indicate that detaining authority has relied upon two offences of IPC, however, none of the offences would indicate that the action of the petitioner were causing any breach of public order and therefore, subjective satisfaction of the detaining authority hold that action of the petitioner is in breach of public order is vitiated.