MOHAM ADARIF Vs. COMMISSIONER OF POLICE AHMEDABAD CITY

JUDGEMENT

(1.) By way of this petition, the petitioner-detenue has prayed to quash and set aside the order of detention dtd. 6/10/2023 passed by the Commissioner of Police, Ahmedabad City in exercise of powers conferred under sub-sec. (1) of Sec. 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 (for short, 'the PASA Act') and to set him at liberty forthwith.

(2.) Learned advocate has submitted that the petitioner has been detained on the ground that he was involved in two offences of theft. It is submitted that in connection with the first offence registered on 17/7/2023, the petitioner was arrested on 19/7/2023 and was released on bail by the Court concerned on 18/9/2023, whereas, in the second offence, the petitioner was arrested on 20/7/2023 and was released on bail on 3/10/2023. It is submitted that at the most, the activities of the petitioner would cause disturbance to the law and order situation. Under no circumstances, it could be said that the activities of the petitioner would cause breach of public order.

(3.) This Court has taken note of the fact that the petitioner has been detained on the ground that two offences under the I.P.C. have been registered against him, the details of which are as under;