TARABEN NANDLAL MANNALAL CHUNARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsels appearing for the parties.

(2.) THIS petition is directed against the order of detention dated 20.8.2010 passed by respondent No.2 , in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (in short the Act) by detaining the detenu as a bootlegger as defined under Section 2(b) of the Act.

(3.) HAVING heard the rival submissions of the parties and perused the record of the case, I am of the view that two complaints registered under the Bombay Prohibition Act alone cannot be said to be sufficient enough to arrive at subjective satisfaction to the effect that the activities, as alleged, are prejudicial to the public order. The registration of FIRs under Bombay Prohibition Act ipso facto does not lead to disturbance of public order. There has to be nexus and link for such activities with disturbance of the public order. The activities of the detenu must, in the backdrop of the facts, reflect that such activities disturbed or likelihood of disturbing the tempo of normal life of society or general peace and tranquility or create a sense of alarm and insecurity in the locality.