CHANDRASHEKHAR KISHANBHAI PADAMSALLI Vs. COMMISSIONER OF POLICE, AHMEDABAD

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of detention dated 4.12.2006 passed by the Commissioner of Police, Amhedabad City, Ahmedabad, under the provisions of sub -Section (1) of Section 3 of the Gujarat Prevention of Anti -Social Activities Act, 1985 (hereinafter referred to as the 'PASA Act').

(2.) LEARNED advocate for the detenue has invited my attention to the order of detention dated 4.12.2006 by which detenue was arrested and sent to District Jail at Rajkot, as well as to the grounds supplied therein. As the grounds of detention, one criminal case is shown as registered against the detenue which pertains to 'Prohibition'.

(3.) ON the contrary, learned A.G.P. for respondent detaining Authority has supported the order of detention as well as grounds stated therein and has contended that the Authority has passed the impugned order after taking into consideration all the facts and circumstances of the case, and hence, no case is made out calling for interference of this Court. As a result of hearing and perusal of the record, it appears that in this case the only material is one criminal case registered against the detenue and on the basis of that it cannot be said that the activity of the detenue has become a threat to the maintenance of "public order' and 'public health'. The offence registered against the detenue pertains to prohibition to which I have already made reference in my earlier part of the judgment. Mere involvement of detenue in bootlegging activities may not amount to dangerous activity by detenue and mere mention of them unless supported by any evidence cannot be said to be material and germane for the purpose of arriving at subjective satisfaction that the activity of the detenue is prejudicial to the maintenance of 'public order' and 'pubic health'.