SWAROOP RAM Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) In this habeas corpus writ petition, the petitioner Swaroop Ram S/o Sagar Ram, resident of Jodhpur is challenging the impugned order of detention dated 27.7.2015 passed by the Commissioner of Police, Jodhpur and prayed that detention order may kindly be quashed and set aside and petitioner may be released forthwith from illegal detention.

(2.) As per the facts of the case, a report was submitted before the Commissioner of Police, Jodhpur Metropolitan, Jodhpur with regard to criminal activities of the petitioner in which it was observed that due to criminal activities of the petitioner Swaroop Singh, serious problem has been created to maintain public order.

(3.) Upon receiving such report, the Executive Magistrate-Cum-Commissioner of Police, Jodhpur Metropolitan, Jodhpur considered the facts and material available on record and found that due to criminal activities of the petitioner there is threat to the public order because number of cases are registered against him. The Executive Magistrate-Cum-Commissioner of Police, Jodhpur Metropolitan, Jodhpur while exercising power under Sec. 3 of the Rajasthan Prevention of Anti Social Activities Act, 2006 (hereinafter referred to as the Act of 2006 for short) passed impugned order dated 27.7.2013 by which it was ordered that petitioner may be detained for a period of one year, accordingly, he is under custody.