CHETAN MADHUSUDAN RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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 9-9-2009 passed by the Police Commissioner, Surat 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 three offences being Udhna Police Station III Crime Register No.289 of 2009 dt. 29-7-2009, Pardi Police Station III C.R.No.360 of 2009 dated 10-5-2009 and Pardi Police Station III C.R.No.666 of 2009 dated 21-8-2009 of 2009 under the prohibition Act has been registered against the detenue alleging that foreign liquor of 672, 3544 and 6460 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 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.