ASHRAF YUSUF JAVRAWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Petitioner " detenue has filed the present Petition under Article 226 of the Constitution of India, challenging the detention order dated 2.7.2010 (executed on the same day), passed by the Respondent - Police Commissioner, Ahmedabad City, by exercising the powers conferred under sub-section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 ("PASA Act", for short). The detenue is branded as "bootlegger". Heard Ms.Lopa Bhatt, learned Advocate for Mr. R.M.Parmar, learned Advocate for the Petitioner and Mr.K.L.Pandya, learned AGP for the Respondents. The Petitioner came to be detained as "bootlegger" on his involvement in one offence arising under the Bombay Prohibition Act.

(2.) It has been submitted by the learned Counsel for the Petitioner that it is a settled legal position that on registration of one offence, no order of detention could have been passed, as the Petitioner cannot be branded as "bootlegger". It has been further submitted that the activities of the Petitioner cannot be said to be injurious to the public health or public order. It has been further submitted by the learned Counsel for the Petitioner that there is gross delay in passing the order of detention.

(3.) Per contra, Mr.K.L.Pandya, learned AGP representing the Respondents supported the detention order dated 2.7.2010 passed by the Respondent Commissioner of Police, Ahmedabad City and submitted that before passing the detention order, the detaining authority took into consideration all the relevant papers, and after subjective satisfaction, the detention order is passed, and thus the detention order is legal and proper, and no interference in the said order is warranted, and consequently, the petition deserves dismissal. I have gone through the grounds of detention and considered the submissions advanced on behalf of both the sides.