SALIMMIYA HASANMIYA BADSHAH Vs. POLICE COMMISSIONER

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of detention dated 30.6.2006 passed by the Commissioner of Police, Surat City, Surat, 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 detenu has invited my attention to the order of detention dated 30.6.2006 as well as grounds supplied therein, by which detenu was detained and sent to District Jail, Rajkot. As the grounds of detention two criminal cases have been shown as registered against the detenu which pertain to 'theft'.

(3.) ON the contrary, learned A.G.P. has supported the order of detaining Authority and has submitted that registration of the aforesaid criminal cases and statements of witnesses against the detenu would go to show that detenu was indulging in such serious activities which can be said to be prejudicial to the maintenance of 'public order'. Learned A.P.P. further submitted that there is sufficient material before the detaining Authority to pass the order of detention and no interference is called for by this Court in exercise of its power under Article 226 of the Constitution of India.