HARDIPSING BALDEVSING MATU Vs. STATE OF GUJARAT

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/637/2009 dated 08.10.2009 passed by the Police Commissioner, Ahmedabad City, respondent No.2 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, Mr. A.R. Shaikh, 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. He 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. He further submitted that out of the two offences considered by the detaining authority, first offence is of July 2008 and the second is of October 2009. He submitted that the first offence is a stale case and even otherwise, there is nothing on the record to show that between July 2008 and October 2009, the detenu was involved in any activities to show that he is habitually involved in selling liquor so as to term him as bootlegger. He further submitted that even otherwise, in the first offence, the quantity involved is only 4 Ltrs. of country liquor and in the second offence, the quantity is only 105 Lrs. of country liquor. He, therefore, submitted that even looking to the small quantity, the detention order deserves to be quashed and set aside. He further submitted that on behalf of the detenu, a representation was sent to the respondent No.2 by registered AD Post on 23.10.2009 but the same has not been considered by the respondents. He therefore submitted that on that ground also, the continued detention of the detenu is illegal.

(3.) Ms. Trusha Patel, 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.