CHHAGAN BHAGWAN KAHAR Vs. N L KALNA

JUDGEMENT

(1.) This petition under Article 32 of the Constitution is filed by the petitioner, the detenu herein, challenging the legality and validity of the order of detention dated 21-10-1988 passed by the detaining authority (the Commissioner of Police, Surat City) clamping upon the detenu the above said order of detention under Sub-section (2) of Section 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 (hereinafter referred to as the 'Act') on the ground that he on consideration of the materials placed before him was satisfied that it was necessary to make the said order with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order in the area of Nanpura Machhiwad falling under the jurisdiction of Athawa Lines Police Station, Surat City and directed the detenu to be detained in Sabarmati Central Prison, Ahmedabad under the conditions specified in the Gujarat Prevention of Anti-Sotial Activities Order, 1985. In pursuance of the impugned order the detenu has been detained in the aforesaid prison.

(2.) The second respondent, the State of Gujarat, approved the impugned order on 26-10-1988 and confirmed the same on 13-12-1988. The detenu submitted his representation dated 15-12-1988 which was received by the 1st respondent on 19-12-1988 on which date itself the same was rejected. The copy of the representation sent to the second respondent was rejected on 21-12-1988.

(3.) It is stated in the grounds of detention that the detenu was illegally keeping in possession the country liquor and openly selling the same at the corner of Nanpura, Machhiwad, Masjid Wali Gali, Bhandariwad and conducting a den (Adda) and that he had been arrested in 1988 for offences under the Bombay Prohibition Act in respect of which number of cases were registered which cases are still pending trial as disclosed in Annexure I. It is further stated that the detenu had engaged 10 persons whose names are given in paragraph 2 of the grounds of detention, to accelerate his bootlegging activities and those hired persons who were conducting den (Adda) under the instructions and guidance of the detenu had been arrested in 1988 in 19 different cases under the Bombay Prohibition Act from the detenu's Adda during police raids of which 8 cases are pending trial and the remaining eleven are under investigation, the details of which are given in Annexure II attached to the grounds of detention. On the above materials and the statements of witnesses placed before him, the detaining authority had satisfied himself that the abovementioned bootlegging activities of the detenu on a large scale in an organised manner were seriously detrimental to the public health and were likely to endanger public health and consequently passed this impugned order of detention. Hence this writ petition.