JUDGMENT :

S.S. Shinde, J.

Rule, having regard to the challenge raised, made returnable forthwith and heard with the consent of the learned counsel for the parties.

2. By this Writ Petition under Articles 226 and 227 of the Constitution of India, the Petitioner challenges the orders dated 14/03/2019 bearing No.COL/DMN/WEST/2019/1669 AND COL/DMN/EST/2019/27409 dated 17/03/2019, and 1/home 253(2) PASA-2018-19/97 dated 20/03/2019 passed by the Detaining Authority thereby detaining the Petitioner/Detenu in jail.

3. It is the case of the Petitioner/Detenu that he was asked to attend the coastal police station in the morning of 14/03/2019 and upon inquiry, subsequently, he was detained and shown as arrested from his residence. It is further the case of the Petitioner/Detenu that at that time no detention order was served upon him, but his family was informed by the police that the Petitioner/Detenu was arrested under the Prevention of Anti-Social Activities (for short "the PASA Act"). On the next date i.e. on 15/03/2019 the police had served detention order dated 14/03/2019 at the Petitioner's house. The Petitioner/Detenu has been lodged in the Sub-Jail, Fort Area, Moti Daman. Both the detention orders dated 14/03/2019 and 17/03/2019 have been served upon the Petitioner/Detenu. It is also his case that, at the time of detention the Petitioner/Detenu was unaware of the grounds of his detention.

4. It is the case of the Respondents that the Petitioner/Detenu has been involved in several cases of unlawful assembly resulting in breach of peace and assault on Govt. servant, and his activities are pre-judicial to the maintenance of public order. Respondent No.2 vide letter dated 16/03/2019 has submitted a report thereby seeking an action to be initiated against the Petitioner/Detenu under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 i.e. the PASA Act. It is the case of the Respondents that the Petitioner/Detenu is known offender and has had a violent history, and there is a strong apprehension that he can influence the election and create such an environment in which the ordinary citizen may not feel secure and safe.

5. Thereafter statement of confidential witness was also recorded by the Collector which reveals that the Petitioner/Detenu is involved in anti-social activities which are pre-judicial to the maintenance of the public order and his actions are causing a felling of insecurity among the general public.

6. On the basis of the information received from the Station House Officer, Moti Daman Police Station and other records, Respondent No.2 herein i.e. the District Collector and Magistrate, Daman in exercise of powers conferred under Section 3(2) of the PASA Act by order dated 14/03/2019 has issued direction to the Superintendent of Police, Daman to arrest the Petitioner - Nitin Patel, and detain him at Sub Jail, Moti Daman till further directions as per law. In compliance of the said order dated 14/03/2019, the Superintendent of Police, Daman had detained the Petitioner under Section 2(C) of the PASA Act.

7. By communication dated 17/03/2019, Respondent No.2 informed the Petitioner/Detenu about the reasons of his arrest under Section 9(1) of the PASA Act. In the said communication the authority has referred four criminal cases registered against the Petitioner as the basis for passing detention order.

8. The Competent Authority satisfied that there is sufficient ground for detention of the Petitioner and, by order dated 20/03/2019, in exercise of powers conferred under Section 3(3) of the PASA Act approved the order dated 14/03/2019 passed by the Collector, Daman.

9. Heard the learned counsel for the parties at length. The learned counsel for the Petitioner/Detenu submits that out of the four criminal proceedings relied upon by the authority for arriving at a subjective satisfaction, in three criminal proceedings the Petitioner/Detenu has been acquitted after conducting trials, and in one criminal case he is ye