DAYALBHAI CHHANIYABHAI TANDEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present petition, the petitioner has challenged the order of detention dated 21.12.2006 passed by the Commissioner of Police, Surat City in exercise of powers under section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 ("PASA" for short).

(2.) The Detaining Authority in order to come to the conclusion that the activities of the petitioner are prejudicial to public order and that to prevent breach thereof, it is necessary to place him under detention, has placed reliance on the involvement of the petitioner in one isolated incident of breach of the Bombay Prohibition Act. Solely on this single incident and on the basis of the material collected by the Investigating Agency while inquiring into the offence, the detaining authority formed an opinion that detention of the petitioner is necessary to prevent breach of public order.

(3.) The learned advocate for the petitioner has submitted that opinion was formed without any basis and that solely on account of involvement of the petitioner in one isolated incident of bootlegging, the detaining authority could not have formed an opinion that his detention is necessary to prevent breach of public order.