HIMMATSINH SHAKTISINH CHAUHAN Vs. POLICE COMMISSIONER

JUDGEMENT

(1.) By filing this writ petition under Article 227 of the Constitution of India, the detenu has challenged the order of detention No. PCB/DTN/PASA/632/2009 dated 06.10.2009 passed by the Commissioner of Police, Ahmedabad City, respondent No. 1, in exercise of powers under sub-section (2) of section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 [hereinafter referred to as the PASA Act] detaining the detenu as a bootlegger, as being illegal, invalid, arbitrary, void ab-initio and suffers from total non-application of mind and also in violation of the provisions of Articles 21 and 22 of the Constitution of India.

(2.) Learned advocate for the petitioner, Mr. Japan Dave, submitted that the grounds of detention do not indicate any satisfaction recorded by the detaining authority that the activities of the detenu are detrimental to "public order", and, therefore, the detention order is bad and illegal. He further submitted that the detaining authority has placed reliance on a solitary case under the Prohibition Act but the same do not indicate anything to support disturbance to "public order". He further submitted that the offence was registered on 09.08.2009, the detenu was arrested on 16.09.2009, he was released on bail on 18.09.2009, and the detention order was passed on 06.10.2009. Learned advocate therefore submitted that there is a delay in passing the order of detention and on this ground also, the detention order requires to be quashed and set aside.

(3.) Ms. Trusha Patel, learned AGP submitted that the detention order is just and proper and detaining authority has passed the order after considering all relevant aspects of the matter, and the same needs no interference.