NASIMBANU MUNNAMIYA SHAIKH Vs. COMMISSIONER OF POLICE AHMEDABAD

JUDGEMENT

(1.) The petitioner whose husband is detained purusuant to an order passed under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act 1985 (PASA for short) by the Commissioner of Police Ahmedabad city has brought in challenge the said order of detention in this petition on diverse grounds.

(2.) The impugned order is dated 29 It recites that the detaining authority is satisfied with respect to the detenu that the view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad city it is necessary to make an order directing him to be detained. Along with the order of detention the detenu was also served with the order indicating that he may be detained in Sabarmati Central Prison. He was also served with grounds of detention supporting the detention order and alongwith the grounds of detention was supplied supporting material on which reliance was placed by the detaining authority for passing the impugned order of detention. The documents supplied along with the grounds of detention are also listed in the index indicating that 10 such documents were supplied and the bunch of documents comprising these documents consisted of 52 pages. The grounds of detention indicated that the detenu is alleged to be involved in various prohibition cases listed in the grounds and these cases were filed under Sections 66 65 and 81 of the Bombay Prohibition Act and they were pending trials. That the detenu was accordingly found to be a bootlegger and his activities as such had disturbed the public order. That conclusion was reached by the detaining authority in the ground of detention on the basis of the statements of witnesses a summary whereof was included in the grounds of detention.

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