ASHOKBHAI CHANDUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner herein has challenged the order of detention dated 5.12.2006 passed by the Commissioner of Police, Surat by which the detaining authority placed the petitioner under preventive detention in exercise of powers under section 3(1) of the Gujarat Prevention of Anti -Social Activities Act, 1985 (hereinafter to be referred to as "SPASA").

(2.) THE detaining authority was of the opinion that the activities of the petitioner are prejudicial to public order and to form such an opinion, the detaining authority took into consideration pendency of two criminal cases against the petitioner alleging offence punishable under section 454, 380 read with 114 of the Indian Penal Code. In addition to the said criminal cases, the detaining authority also took into account the statements recorded by the Investigating agency suggesting acts of assault and threatening of members of public by the petitioner and his companions.

(3.) IT is contended on behalf of the petitioner that the material before the detaining authority was not sufficient to permit him to draw a conclusion that his activities were prejudicial to public order. On the other hand, learned AGP Shri Kogje opposed the petition.