JASWANT MANILAL PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present petition, the petitioner has challenged the order of detention dated 17.12.2006 passed by the District Magistrate, Navsari in exercise of powers under section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 ("PASA" for short).

(2.) The Detaining Authority was of the opinion that detention of the petitioner is necessary to prevent breach of public order. To form such an opinion, the detailing authority placed reliance on involvement of the petitioner in an alleged breach of Bombay Prohibition Act wherein the petitioner was found to be in possession of 96 bottles of foreign liquor. The detaining authority also relied on the material collected by the Investigating Agency while inquiring into the said offence.

(3.) It is the case of the petitioner that his involvement in an isolated case of alleged boot-letting would not be a sufficient ground to permit the detaining authority to forum an opinion that his activities are prejudicial to public order and to prevent thereof, he is required to be placed under preventive detention.