NARESH SEVARAM MATREJA Vs. POLICE COMMISSIONER

JUDGEMENT

(1.) Leave to amend.

(2.) The petitioner came to be detained by an order of Commissioner of Police, Ahmedabad, dated 22th February, 1999, passed in exercise of powers under sub-section (2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 ("PASA Act" for short).

(3.) The detaining authority, namely, Commissioner of Police, Ahmedabad City was subjectively satisfied that the petitioner is a bootlegger and is a hindrance to public tranquility and public order. He is involved in two offences under the Bombay Prohibition Act. Because of his fear, people are not approaching appropriate authorities with complaint, but witnesses have stated about the involvement in such activities and his high handed and intimidating behaviour disturbing public order. The detaining authority, after verification, was subjectively satisfied about the truthfulness of the version of the witnesses about the incidents of 13th January, 1999 and 8th January, 1999. The authority also came to conclusion that it is a fit case where the names of the witnesses cannot be disclosed exercising privilege as envisaged under sub-section (2) of Section 9 of the PASA Act. He, therefore, detained the petitioner. The petitioner was in custody as he was remanded to police custody in connection with Crime Register No.5033/99. The detaining authority considered that when the petitioner will be produced before the Magistrate, on completion of the period of remand, he may be released on bail and may again get involved in his anti-social activities and, therefore, detention was the only remedy for preventing him from such activities.