YUSUFBHAI MUSABHAI PATEL Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) In the present petition, the petitioner has challenged the order of detention dated 3.1.2007 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 ("PASA" for short).

(2.) The Detaining Authority was of the opinion that it is necessary to place the petitioner under preventive detention in order to prevent breach of public order. The detaining authority formed such an opinion on the basis of involvement of the petitioner in one incident of breach of Immoral Traffic (Prevention) Act, 1956.

(3.) Learned advocate for the petitioner submitted that the alleged involvement of the petitioner in an isolated case was not sufficient to permit the detaining authority to form an opinion that his detention is necessary to prevent breach of public order. It was submitted that except said complaint filed against the petitioner, there was no other material available with the detaining authority to form such an opinion. It was submitted that before the detaining authority there were no further statements of any witnesses suggesting that the activities of the petitioner are prejudicial to public order.