(1.) Pramod Bhagwan Nayak, petitioner original detenu, has filed this habeas corpus petition challenging the order dated 23-8-2005 passed by the Police Commissioner, Surat City, Surat, respondent No. 2 herein. The petition was filed before this Court on 13-10-2005. When the matter was placed for hearing on 2/-10-2005, this Court has issued rule. On behalf of the respondents Mr. L.R. Pujari, learned A.G.P., appears. With the consent of the parties the matter is taken up for final disposal.
(2.) Mr. Amrish Pandya, learned Advocate, appears on behalf of Ms. Krishna U. Mishra, learned Advocate for the petitioner. He has invited my attention to the order of detention dated 23-8-2005 in which the authority has passed order under the provisions of Sec. 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "the P.A.S.A. Act"). He has also invited my attention to the order of committal dated 23-10-2005 whereby the petitioner has been sent to Rajkot Jail.
(3.) The learned Advocate has also invited my attention to the grounds of detention supplied to the petitioner by the authority. The grounds of detention reveal that the authority has recorded statements of witnesses on 20-5-2005 as well as 12-6-2005 and other material shown in the note and from the grounds, it is alleged that the activities carried on by the detenu fall within 'immoral traffic" as defined in Sec. 2(g) of the P.A.S.A. Act. The grounds of detention further reveal that the detenu is an immoral traffic offender. He is carrying on such activity by taking on rent Flats at Belgiam Square, Japan Market,