AMZADHUSSAIN AZIZHUSSAIN SHAIKH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) IN this petition, the petitioner has challenged his detention order dated 22.11.2006 passed by Commissioner of Police, Ahmedabad City, in exercise of powers under Section 3(1) 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 six cases of breach of prohibition law registered against the detenu, wherein the petitioner was found to be in possession of small quantity of country liquor. 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: