AMANKHAN JAFARKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has been placed under preventive detention by the Commissioner of Police, Ahmedabad City by an order dated 7.12.2006 in exercise of powers under Section 3(1) of the Gujarat Prevention of Anti -Social Activities Act, 1985 (hereinafter referred to as 'PASA").

(2.) THE authority while passing the said order had taken into consideration a criminal case involving the petitioner, arising out of a complaint bearing Prohibition Case No. 5476 of 2006 dated 2nd December, 2006, in which the petitioner was found to be carrying 120 liters of country -made liquor. Having taken into consideration the said complaint and the statements recorded by the police during investigation, the detaining authority was of the opinion that it is necessary to place the petitioner under preventive detention to prevent her from committing acts prejudicial to the public order.

(3.) HAVING heard the learned advocates appearing for the parties, I find that it is not in dispute that for passing the order of detention the authorities took into consideration one isolated incident of bootlegging and that there was no further additional material to permit the authority to form the opinion that the activities of the petitioner are prejudicial to public order.