Sajid vs State on 26 March, 2012
In
the opinion of this Court, the activities of the petitioner can, by
no stretch of imagination, be said to be disturbing the public
order. Therefore, on this ground, the subjective satisfaction
arrived at by the detaining authority is vitiated on account of
non-application of mind and in view of judgment of Mahesh
Ramjilal Nath Vs. State of Gujarat reported
in 1999(2) GLR page 1745, the impugned order, deserves
to be quashed and set aside. In view of the above, 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.