AMITKUMAR ANILKUMAR JAISWAL THRO HIS FATHER-ANILKUMAR Vs. COMMISSIONER OF POLICE VADODARA CITY (PCB OFFICE)

JUDGEMENT

(1.) IN this petition, the petitioner has challenged detention order of the detenu dated 13.12.2006 passed by the Commissioner of Police, Vadodara City in exercise of powers under Section 3(2) of the Gujarat Prevention of Anti -Social Activities Act, 1985 (hereinafter to be referred to as "PASA").

(2.) THE detaining authority was of the opinion that in order to prevent the detenu 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 two instances of breach of prohibition law registered against the detenu. The detaining authority also considered the material collected by the investigating agency while investigating into these offences. Though the detenu may be categorized as a 'bootlegger', the question is whether his activities were prejudicial to public order.

(3.) THIS question was considered by this Court in the order dated 26.4.2007 passed in Special Civil Application No. 5557/07 in which following observations were made: