V. H. BHAIRAVIA, J. ( 1 ) THIS petition is directed against the detention order No. PCB/dtn/pasa/38a/1989 dated 17-6-1989 passed by the Commissioner of Police Ahmedabad City under Section 3 (2) of the Gujarat Prevention of Anti-Social Activities Act 1989 (hereinafter to be referred to as the PASA Act.) ( 2 ) THE detention order was served on the petitioner by the detaining authority along with the grounds of detention. The detaining authority relied on four criminal cases filed against the detenu under the Bombay Prohibition Act. The detaining authority also referred to the previous history of the detenu and the criminal proceedings filed against him. Period from 1984 to 1989 was considered for his anti-social activities. Criminal proceedings taken in the years 1984 1986 and 1987 were also taken into consideration. Not only that but detention order passed on 29-7-1987 was also taken into consideration. That order was set aside by this Court. The detaining authority has considered the criminal activities of the detenu and passed the im- pugned detention order. All this material is supplied to the detenu along with the detention order. But a copy of the judgment of this Court as alleged was not supplied to the detenu along- with the detention order. ( 3 ) XXX xxx xxx xxx xxx xxx xxx xxx ( 4 ) XXX xxx xxx xxx xxx xxx xxx xxx ( 5 ) THIS petition is bound to succeed on the ground that the detaining authority though has relied on the fresh grounds as mentioned in the grounds of detention he has referred the previ- ous orders passed against the detenu right from 1984 to 1989. The detaining authority has also referred to the judgment and order passed by his Court also but copy of the said judgment was not supplied to the detenu. The detenu was supplied rest of the material relied on by the detaining authority along with the order of detention. It is not open to the detaining authority to lake into consideration the previous activities of the detenu which have already been con- cluded by appropriate proceedings taken out against the detenu. When the detaining authority has relied on fresh facts and grounds it was not necessary for the detaining authority to refer to the previous orders.
It is not open to the detaining authority to lake into consideration the previous activities of the detenu which have already been con- cluded by appropriate proceedings taken out against the detenu. When the detaining authority has relied on fresh facts and grounds it was not necessary for the detaining authority to refer to the previous orders. Al the most the same may be referred to as a background for showing crimi- nal activities of the detenu but cannot be made basis or ground for detention of the detenu for drawing the requisite subjective satisfaction to pass a fresh order because once the Court strikes down an earlier order in nullifies the entire order. The detaining authority ought to have placed reliance on the fresh grounds available to it only. Hence the impugned order of detention is liable to be quashed and set aside as the same is illegal and wrong and hence continued detention of the detenu is illegal. ( 6 ) XXX xxx xxx xxx xxx .