LABHUBHAI GAGJIBHAI VAGRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Commissioner of Police, Rajkot City, Rajkot, passed an order on August 17, 1999, in exercise of powers under section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 ("PASA Act" for short), detaining the detenue under the provisions of the PASA Act for a period of one year (Annexure :A).

(2.) The grounds of detention of even date indicate that the detaining authority took into consideration seven offences registered against the detenue under the Bombay Prohibition Act, last offence being dated July 21, 1999. The detaining authority was satisfied that the detenue is a "bootlegger" and that his activities are detrimental to the public order. The detaining authority also considered the possibility of resorting to less drastic remedies and came to a conclusion that the powers under the PASA Act are required to be exercised in order to immediately prevent the detenue from pursuing his illegal activities.

(3.) The detenue has approached this Court with this petition under Article 226 of the Constitution of India, assailing the order of detention on various counts. However, the only ground that is advanced by Ms. Patel, learned advocate appearing for the petitioner is that the detaining authority has, while passing the order, fixed the period of detention of one year which the detaining authority was not empowered to do, since the order of detention requires approval of the government and confirmation of the Advisory Board. Ms. Patel therefore submitted that the detention is rendered vitiated and maybe quashed and set aside in light of decision in the case of Makhan Singh Tarsikka v. State of Punjab, reported in AIR 1952 SC 27.