LAWS(GJH)-2024-3-75

EMTIJ Vs. COMMISSIONER OF POLICE, VADODARA CITY

Decided On March 28, 2024
Emtij Appellant
V/S
COMMISSIONER OF POLICE, VADODARA CITY Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner - detenue has challenged the order of detention dtd. 6/10/2023 passed by the Commissioner of Police, Vadodara City, in exercise of powers conferred on him under sub-sec. (1) of Sec. 3 of the Gujarat Prevention of Antisocial Activities Act, 1985 (for short, 'the PASA Act') and has also prayed for an order to set him free from detention.

(2.) This Court has taken note of the fact that the petitioner has been detained as a 'Immoral Traffic Offender'. It also appears that in the grounds of detention order dtd. 6/10/2023, the detaining authority has relied upon one offence registered with the Sama Police Station, District Vadodara City being C.R. No.11196013230246 of 2023 for the offence punishable under Ss. 3, 4, 5, 7 of the Immoral Traffic (Prevention) Act.

(3.) Sec. 2(g) of the PASA Act defines the term 'immoral traffic offender', which reads as under:-