GOPAL PARSHRAM JAMNALAL PRAJAPATI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) IN this petition, the petitioner has challenged detention order dated 7th December, 2006 passed by the Commissioner of Police, Ahmedabad City in exercise of powers under Section 3(1) of the Gujarat Prevention of Anti -Social Activities Act, 1985 (hereinafter referred to as ⠬SPASA⠬à 1/2).

(2.) THE detaining authority was of the opinion that the activities of the petitioner are prejudicial to the public order and his detention is, therefore, necessary. To form such an opinion the detaining authority took into account five criminal cases of theft lodged against the petitioner.

(3.) LEARNED advocate Shri Raval for the petitioner submitted that the order of detention is illegal. It was submitted that the opinion formed by the detaining authority is not sustainable in the eye of law. Except for five criminal cases involving the petitioner in offence punishable under Sections 454, 457 etc. of Indian Penal Code, there is no further material on record. He submitted that it may be a case of disturbance of law and order situation. However, the activities of the petitioner cannot be branded as one giving rise to the question of public order.