KANUJI S ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is challenging in this petition under Article 32 of the Constitution the order of detention dated 29-1-98 passed by the District Magistrate, Mehsana, in exercise of his powers under Section 3 of the Prevention of the Gujarat Anti Social Activities Act, 1985 for his detention thereunder.

(2.) In the grounds of detention it is stated that the petitioner is a Bootlegger as he is involved in the illegal activity of selling liquor. Five cases have been filed against him under the Bombay Prohibition Act. Moreover, three witnesses have given statements wherein they have referred to the activity of the petitioner of selling liquor and indulging in violence for carrying on the said activity. It is further stated in the grounds that the said activity of the petitioner is prejudicial to the maintenance of public order.

(3.) The order of detention is challenged on the ground that there was no material before the District Magistrate on the basis of which he could have genuinely satisfied himself that the activity of the petitioner was prejudicial to the maintenance of public order. It was submitted by the learned counsel that the statements of the three witnesses merely refer to some stray incidents of beating which at the highest can be said to have affected law and order and not public order. In support of her submission, the learned counsel relied upon three decisions of this Court in Om Prakash v. Commissioner of Police, (1989) 2 Suppl. SCC 576; Rashidmiya alias Chhava Ahmedmiya Shaik v. Police Commissioner, Ahmedabad, (1989) 3 SCC 321 and in Piyush Kantilal Mehta v. Commissioner of Police, Ahmedabad City, (1989) 1 Suppl. SCC 322.