JUDGMENT

Ranganath Misra, J. - The Commissioner of Police, Ahmedabad by this order dated 26-12-1988, directed the detention of the petitioner under Section 3(2) of the Gujarat prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the Act'). The petitioner was taken into custody under the order on that very day.

2. The material portion of the order of detention stated:

"Whereas, I, S.N. Sinha, Commissioner of Police, Ahmedabad City, am empowered in this behalf by the Government of Gujarat by its order, Home Department No G.G/155/SB-IV/PASA/1085/1191 dated 28-5-85 under sub-section (2) of Section 3 of Gujarat Prevention of Anti-Social Activities Act, 1985. And whereas, I am satisfied with respect to person known as Shri Ahmed Hussain @ Kalio Shaikhhussain Shaikh resident of Dariyapur, Bukhari Mohalla, Ahmedabad City, that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad City, it is necessary to make an order directing that the said Shri Ahmedhussain @ Shaikhhussain Shaikh be detained.

Now, thereafter, in exercise of the powers conferred by sub-section (1) of Section 3 of the Gujarat P