SCA/15779/2007 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 15779 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE MD SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SHIVABHAI DEVILAL PRAJAPATI - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR HR PRAJAPATI for Petitioner(s) : 1, Mr LR Pujari, AGP for Respondent(s) : ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 09/01/2008 ORAL JUDGMENT 1. By way of this petition, the detenu has challenged the order of detention dated 27.4.2007 passed by Commissioner of Police, Ahmedabad City under the provisions of sub-Section (1) of Section 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 SCA/15779/2007 2/5 JUDGMENT (hereinafter referred to as the 'PASA Act'). The detenu was branded as “immoral traffic offender”. 2. From the grounds of detention, it appears that one offence being CR.No.I-3011 of 2007 was registered under sections 3,4,5,7 and 9 of Immoral Traffic in Women & Girls Act, 1956 against the detenu with DCB police station, Ahmedabad City. 3. Learned Advocate has stated that on the basis of aforesaid single offence, the detaining Authority came to the conclusion that the detenu was immoral traffic offender within the meaning of Section 3(1) of the P.A.S.A. Act. It was also stated in the impugned order that as the said activities of the detenu are dangerous and affecting maintenance of 'public order', order of detention has been passed against the detenu. It is also stated by her that the detenu is in jail since 27.4.2007. 4. In support of her case, learned Advocate has placed reliance on a decision of this Court in the case of Firozkhan Jitsing Rathod v. Commissioner of Police passed in Special C.A. No.10966 of 2007 dated 19.10.2007 wherein the court (Hon'ble Mr Justice D H Waghela) relying upon a decision in a matter of similar offence SCA/15779/2007 3/5 JUDGMENT and nature in Special Civil Application No.10963 of 1007 (Hon'ble Mr Justice Akil Kureshi), allowed the petition and the detenu was set at liberty forthwith. Learned Advocate for the detenu has has also relied upon a decision in the case of “Vahidbhai Saiyadbhai Sheikh v. State of Gujarat & Ors” reported in 2003(3) GLH 697 wherein at Para-9 it has been held as under: “9. Strikingly, in this case, the authority did not choose even to file prosecution and the question of detenu being released on bail could be considered when prosecution is filed and some material is placed before the detaining authority that the detenu was likely to be released on bail. The detaining authority, in this case, instead has chosen to rely upon an incident and from the said incident, the detaining authority reached to subjective satisfaction that the detenu was likely to continue his activities in future when there was no material at all on record revealing such repeating tendency on the part of the detenu. The order of detention, therefore, is vitiated by vice of non-application of mind.” 5. Heard learned Counsel for the parties and perused the documents placed on record. I have also considered factual and legal aspects emerging from the record of the petition and the rival submissions. In the case on hand, the only material is one offence registered against the detenu which pertains to 'immoral trafficking'. Registration of a solitary offence is not sufficient material to infer a certain habit of the detenu and that on the basis of solitary registered SCA/15779/2007 4/5 JUDGMENT offence it would be far fetching to draw inference that the detenu was likely to commit such crimes again and again. I am, therefore, of the view that the detaining Authority has passed the order of detention without there being any credible or cogent material on record in this behalf. Even, taking into consideration, facts and circumstances of the case and allegations made against the detenu it can be, at the most, said that there is disturbance of only 'law and order' and not 'public order'. 6. In view of the above discussion as well as the decisions of this Court as aforesaid and the fact that the co-detenu in the same case has already been released by this court, the order of detention deserves to be quashed and set aside. 7. In the result, this petition is allowed. The order of detention dated 27.4.2007 passed by Commissioner of Police, Ahmedabad city is hereby quashed and set aside. The detenu is, therefore, ordered to be set at liberty forthwith, if he is not required in connection with any other case by the Authority. Rule is made absolute. Direct service is permitted. [M.D. SHAH, J.] msp SCA/15779/2007 5/5 JUDGMENT