SIRAJ @ RAJU RAJAK MITHABHATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has challenged the order of detention dated 28.11.2006 passed by the Commissioner of Police, Surat in exercise of powers under section 3 (1) of the Gujarat Prevention of Anti -Social Activities Act, 1985 (hereinafter to be referred to as â ¬SPASA).

(2.) THE detaining authority was of the opinion that in order to prevent the petitioner from indulging in activities prejudicial to public order, it is necessary to place him under preventive detention. In order to form such an opinion, the detaining authority took into consideration an isolated incident of his involvement in offence punishable under the Bombay Prohibition Act and the statements recorded by the Investigating Agency while investigating into the said complaint. On the basis of the said criminal case as well as the statements recorded by the Investigating agency, the detaining authority formed an opinion that the activities of the petitioner are prejudicial to the public order.

(3.) HAVING heard the learned advocates appearing for the parties, I find that the detaining authority on the basis of a single isolated criminal case of breach of prohibition law could not have come to the conclusion that the activities of the petitioner are prejudicial to public order. It may be that the petitioner can be categorised as bootlegger and that his activities may raise question of law and order, the question is whether the same would be prejudicial to the public order.