NITINBHAI RATILAL NAYE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of detention dated 26. 2. 2008 passed by Commissioner of Police, Ahmedabad City 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' ). The detenu was branded as "simmoral traffic offender"".

(2.) FROM the grounds of detention, it appears that one offence being CR. No. I-3039 of 2008 was registered under sections 3,4,5 and 6 of Immoral Traffic in Women and Girls Act, 1956 against the detenu with Danilimda police station, Ahmedabad City. Except the aforesaid solitary offence, no other offence has been registered against the detenu which pertains to 'immoral trafficking'.

(3.) LEARNED Advocate has stated that on the basis of aforesaid single offence, the detaining Authority came to the conclusion that the detenu was an immoral traffic offender within the meaning of Section 3 (1) of the P. A. S. A. Act. It was also stated in the impugned order that as the said activities of the detenu are dangerous and affecting maintenance of 'public order', order of detention has been passed against the detenu. It is also stated by her that the detenu is in jail since 26. 2. 2008.