SIDDIKBHAI HAIDARBHAI MIYANA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By filing this writ petition under Article 227 of the Constitution of India, the detenu has challenged the order of detention No. PCB/DTN/PASA/630/2009 dated 05.10.2009 passed by the Police Commissioner, Ahmedabad City, respondent No.1, in exercise of powers under sub-section (1) of section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 [hereinafter referred to as the PASA Act] detaining the detenu as a bootlegger, as being illegal, invalid, arbitrary, void ab-initio and suffers from total non-application of mind and also in violation of the provisions of Articles 21 and 22 of the Constitution of India.

(2.) Learned advocate for the detenu, Ms. Jayshree Bhatt, submitted that the grounds of detention do not indicate any satisfaction recorded by the detaining authority that the activities of the detenu are detrimental to public order, and, therefore, the detention order is bad and illegal. She further submitted that the detaining authority has placed reliance on two offences registered against the detenu but the same do not indicate anything to support disturbance to "public order". She further submitted that even otherwise, in the first offence, the quantity involved is only 19 Ltrs. of country liquor and in the second offence, the quantity is only 12 Lrs. of country liquor and 90 Ltrs. of Wash. She, therefore, submitted that even looking to the small quantity, the detention order deserves to be quashed and set aside. She further submitted that the last offence was registered against the detenu on 16.09.09 and in the said case, the detenu was released on bail on 17.09.09 but the detention order is passed on 05.10.2009. Hence there is delay in passing the order of detention and therefore also, the detention order is liable to be quashed and set aside.

(3.) Mr. Sejpal, learned AGP submitted that the detention order is just and proper and detaining authority has passed the order after considering all relevant aspects of the matter, and the same needs no interference.