Pitambar Ramanbhai Birade vs State Of Gujarat on 28 July, 2004
14. Considering the aforesaid fact that, the authority, while exercising the powers under sec.9(2) of PASA, has not taken appropriate care even to find out the credentials, character and antecedents of the detenu, and as well as on the ground that the alleged activity of the petitioner may not amount to breach of public order, as, at the most, it may amount to breach of law and order, and since it cannot be said that there is violation of public order on the part of the detenu, the detention order is required to be quashed. Further, as held by a learned Single Judge of this Court in the case of Sandip Omprakash Gupta (supra), the detenu could have been dealt with under the ordinary criminal law as there is only a solitary incident. On the aforesaid grounds, the petition is required to be allowed.