MAHADEVBHAI CHAMANLAL MOCHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to amend. Amendment be carried out forthwith.The petitioner has been detained under the provisions of Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as `the Act of 1985') by the order dated 5-9-2009 passed by the Police Commissioner, Ahmedabad City, and he has been declared as bootlegger.

(2.) Heard learned advocate for the petitioner and the learned AGP for the State. Also perused the record.

(3.) It appears that five offences being Naranpura Police Station Prohi. Crime Register Nos.5268/07 dt. 4-11-2007, 5051/08 dt. 23-3-2008, 5075/08 dt. 3-6-2008, 5153/08 dt. 6-10-2008 and 5223/09 dated 23-8-2009 under the prohibition Act have been registered against the detenue alleging that small quantities of country made liquor weighing 3,5,3,9 and 10 bottles respectively were found from the possession of the detenu. On the basis of registration of the said cases, the detaining authority held that since the said activities of selling country made liquor of the present detenu were harmful to the health of the public, to restrain him from carrying further illegal activities, he has been detained. It appears from the order that the activities of the detenu cannot be said to be disturbing the "public order". It also appears from the order passed by the detaining authority that grounds which are mentioned in the order are in reference to the situation of "law and order" and not "public order". Therefore, on this ground, the subjective satisfaction arrived at by the detaining authority is vitiated on account of non-application of mind and the impugned order, therefore, deserves to be quashed and set aside.