BHAVESHKUMAR RAMCHANDRA THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN the present petition, the petitioner has challenged the order of detention dated 16.12.2006 passed by the District Magistrate, Vadodara in exercise of powers under section 3(2) of the Gujarat Prevention of Anti -Social Activities Act, 1985 ("PASA" for short).

(2.) IN order to form an opinion that the activities of the petitioner are prejudicial public order, the detaining authority took into consideration an isolated instance of involvement of the petitioner in breach of Bombay Prohibition Act for which complaint was filed on 4.10.2006. Solely on this single incident and on the basis of the material collected by the Investigating Agency while inquiring into the offence, the detaining authority formed an opinion that detention of the petitioner is necessary to prevent breach of public order.

(3.) THE learned advocate for the petitioner has submitted that opinion was formed without any basis and that solely on account of involvement of the petitioner in one isolated incident of bootlegging, the detaining authority could not have formed an opinion that his detention is necessary to prevent breach of public order.