SANJY @ SONU LAXMANSINH RAJPUT Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner has been detained under the provisions of Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as `the Act of 1985') by the order dated 28.09.2011 passed by the Police Commissioner, Ahmedabad City, and he has been declared as bootlegger.

(2.) HEARD learned advocate for the petitioner and the learned AGP for the State. Also perused the record.

(3.) APPLYING the ratio of the above decisions, it is clear that before passing an order of detention of a detenu, the detaining authority must come to a definite finding that there is threat to the public order and it is very clear that the present case would not fall within the category of threat to public order. In that view of the matter, when the order of detention has been passed by the detaining authority without having adequate grounds for passing the said order, it cannot be sustained and, therefore, it deserves to be quashed and set aside.