HAJIMAHMAD JAN MAHMAD SHAIKH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Heard the Learned Advocate Ms.D.R.Kachhavah for the petitioner and Learned AGP Mr.K.T.Dave for respondent No.1,2 & 3. The detention order dated 18.5.99 passed by the respondent No.1, Commissioner of Police, Ahmedabad against the petitioner in exercise of the powers conferred under Section 3 (1) of Gujarat Prevention of Anti Social Activities Act , 1985 ("PASA" for short) is challenged in the present proceedings under Article 226 of the Constitution.

(2.) The grounds of detention served and supplied to the petitioner under Section 9(1) of PASA, copy of which is produced at Annexure B interalia indicate that six prohibition cases are registered against the petitioner at different police station in between 24.5.1998 to 23.3.1999. That in each case country made liquor has been seized. That 4 cases out of said six cases are pending for Trial in the Court while 2 cases bearing CR No. 280 of 1999 and 292 of 1999 dated 20.3.99 and 23.3.99 respectively are pending for further investigation.

(3.) The grounds also indicate that 2 witnesses on assurance of their anonymity have given information regarding boot-legging activity of the petitioner vide their statements dated 17.5.99. One of the witness has narrated the incident of 20.4.99 while other witness has narrated the incident dated 27.4.99. That on the basis of the said material, the respondent no.1 as Detaining Authority has come to the conclusion that the petitioner is a boot legger within the meaning of Section 2 (b) of PASA. That enforcement of general provisions of law not being sufficient to prevent the petitioner from continuing his anti-social activities. The Detention order is necessary to prevent the petitioner from continuing his boot-legging activity and as such the impugned order is passed.