ISMAIL GANIBHAI KOTHARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The detenu Ismail Ganibhai Kothariya came to be detained on 30.6.2010 pursuant to the order dated 30.6.2010 passed by the Police Commissioner, Ahmedabad City on basis of material placed before him. The detaining authority took into consideration one offence registered against the petitioner under the Bombay Prohibition Act (hereinafter referred to as "the Act"). The authority also recorded in its reasons that the activity of the detenu was detrimental to public health and public order and it was not possible to deter him from the activities by following the regular procedure of law.

(2.) Learned advocate for the petitioner has, leaving aside the other contentions raised in the petition, emphasized on the fact that only one offence is registered against the detenu and he is labelled as a Bootlegger. There is no other material on record to show that the petitioner is involved in any other offence of similar nature to show that he is repetitively engaged in Bootlegging and therefore, the subjective satisfaction that the petitioner is a Bootlegger is without any foundation which would vitiate the entire order.

(3.) It is also contended that there is no material with the detaining authority to record the satisfaction that the activity of the petitioner was detrimental to public health or public order. The material seized is not shown by any test to be detrimental to public health and therefore also, the order gets vitiated.