ASHOK AMRUTLAL MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED AGP Shri Poojari places on record the affidavit in reply.

(2.) IN the present petition, the petitioner has challenged the order of detention dated 29.12.2006 passed by the Commissioner of Police, Surat City placing the petitioner under detention in exercise of powers under section 3(1) of the Gujarat Prevention of Anti -Social Activities Act, 1985 ("PASA" for short).

(3.) THE Detaining Authority was of the opinion that the detention of the petitioner is necessary to prevent breach of public order. To form such an opinion, the detaining placed reliance on the involvement of the petitioner in two cases of breach of Bombay Prohibition Act for which complaints dated 25.11.2006 have been filed. It is on the basis of involvement of the petitioner in the said criminal activity and material collected by the Investigating agency while inquiring into these offences, the detaining authority formed an opinion that detention of the petitioner is necessary to prevent breach of public order.