ANIL SHAMBHURAV GOSWAMI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) BY way of this petition, the detenu has challenged the order of detention dated 27. 12. 2007 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' ).

(2.) LEARNED Advocate for the detenu has invited my attention to the order of detention dated 27. 12. 2007 by which the detenu was arrested and sent to Rajkot Jail. As the grounds of detention one offence has been shown as registered against the detenu which pertains to 'immoral trafficking'.

(3.) HEARD learned Counsel for the parties and perused the documents placed on record. I have also considered factual and legal aspects emerging from the record of the petition and the rival submissions. In the case on hand, the only material is one offence registered against the detenu which pertains to 'immoral trafficking'. Registration of a solitary offence is not sufficient material to infer a certain habit of the detenu and that on the basis of solitary registered offence it would be far fetching to draw inference that the detenu was likely to commit such crimes again and again. I am, therefore, of the view that the detaining Authority has passed the order of detention without there being any credible or cogent material on record in this behalf. Even, taking into consideration, facts and circumstances of the case and allegations made against the detenu it can be, at the most, said that there is disturbance of only 'law and order' and not 'public order'. (1) Hence, in view of the above discussion as well as in view of the decision of this Court in the case of "vahidbhai Saiyadbhai Sheikh" (Supra), this Court is of the opinion that the order of detention deserves to be quashed and set aside.