PRAKASH BABUBHAI MARATHI (BHAVSAR) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present petition, the petitioner has challenged his detention order dated 23rd August, 2006 passed by the Police Commissioner, Ahmedabad City in exercise of power under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (here-in-after referred to as PASA.)

(2.) The detaining authority was of the opinion that the detention of the petitioner is necessary in order to prevent breach of public order. To come to such a conclusion, the detaining authority relied on the alleged involvement of petitioner in three cases of breach of Bombay Prohibition Act. Detaining Authority also took into account the statements recorded by the investigating agency while inquiring into the said complaints. As per the complaints, the petitioner is alleged to have been found dealing in country liquor of small quantity in three different occasions.

(3.) It is submitted on behalf of the petitioner that materials before the detaining authority was not sufficient to permit him to form an opinion that the activities of the petitioner are prejudicial to the public order and that to prevent breach thereof it is necessary to place the petitioner under preventive detention.