MANUBHAI @ MUNNABHAI BHIKHABHAI RAJMAL Vs. VADODARA POLICE COMMISSIONER

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of detention dated 09.08.2007 passed by Police Commissioner, Vadodara under the provisions of sub -Section (2) 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 detenu has invited my attention to the order of detention dated 09.08.2007 by which detenu was arrested and sent to District Jail, Porbandar as well as to the grounds supplied therein. As per the grounds of detention, three criminal cases are shown as registered against the detenu which pertains to 'Prohibition'.

(3.) THE 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 aforesaid criminal cases registered against the detenu and on the basis of that it cannot be said that the activity of the detenu has become a threat to the maintenance of 'public order' and 'public health'. The offences registered against the detenu pertains to prohibition to which I have already made reference in my earlier part of the judgment. Mere involvement of detenu in bootlegging activities may not amount to dangerous activity by detenu 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 detenu is prejudicial to the maintenance of 'public order' and 'public health'.