KALPESHBHAI BHAGWANDAS RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The detenu 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 22-9-2009 passed by the Police Commissioner, Surat City, and detenu 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 a solitary offence being Puna Police Station III.Crime Register No.341 of 2009 dated 1-9-2009 under the prohibition Act has been registered against the detenue alleging that 4700 bottles of country made liquor of different brands weighing 180 mm worth Rs.1,41,000/- and other articles were found from the possession of the detenu. On the basis of registration of the said solitary case, 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 from carrying further illegal activities, the detenu 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".