RASHIDMIYA CHHAVA AHMEDMIYA SHAIK Vs. POLICE COMMISSIONER AHMEDABAD

JUDGEMENT

(1.) THIS writ petition under Article 32 of the Constitution of India is filed by the petitioner (the detenu herein) canvassing the correctness of the detention order dated August 30, 1988 made by the detaining authority namely Commissioner of Police, Ahmedabad city, in exercise of the powers conferred on him under sub -section (1) of Section 3 of the Gujarat Prevention of Anti -Social Activities Act, 1985 (hereinafter referred to as 'the Act') with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad city. In pursuance of the above order, the detenu is detained in the Central Jail, Sabarmati. The detenu has been furnished with the copies of the grounds of detention and all other material documents inclusive of the statements, of the witnesses in the basis of which the detaining authority reached his subjective satisfaction for passing this impugned order.

(2.) THE sum and substance of the alleged activities of the detenu mentioned in grounds of detention are that the detenu was indulging in criminal and anti -social activities in the area of Dariyapur -Kalupur of Ahmedabad city by illegally storing and selling foreign liquor and beer either personally or through his associates and that in this regard the following four cases were registered under the provisions of the Bombay Prohibition Act of 1949. We the detail of the cases as found in the reproduce that relevant portion giving grounds of detention : <FRM>JUDGEMENT_321_3_1989Html1.htm</FRM>

(3.) FROM the above materials, the detaining authority has concluded that the detenu was a bootlegger within the meaning of Section 2 (b) of the Act.