KARABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Here is the petitioner, who has, by way of the present petition under Article 226 of the Constitution of India, has challenged the order, Dated: 18.07.2020, passed by Respondent No.2-District Magistrate, Porbandar, in exercise of the powers under the Prevention of Anti-Social Activities Act, 1985 (herein after, 'PASA Act'). The petitioner has been lodged in jail, pursuant to the order dated 18.07.2020 and he also has been supplied with the grounds for his detention and the material, which has been relied on by respondent No.2, while passing the order of detention and arriving at the subjective satisfaction. He is, therefore, before this Court, seeking following reliefs:

(2.) It is the averment on the part of the petitioner that there is a solitary offence alleged against him under the Gujarat Prohibition Act ('Prohibition Act', in brief), where, he has already been granted regular bail by the trial Court concerned and there is no challenge made to the said order of regular bail by the State Government before the higher forum. Considering the allegations in the complaint, itself, there is nothing to indicate, as to how the act and the activities of the present petitioner is prejudicial to the maintenance of the public order and the public health. There is a fine distinction between the 'Public Order' and the 'Law and Order'. Therefore, it is urged that the exercise of powers by respondent No.2 is violative of the fundamental rights of the petitioner and the impugned order needs to be quashed and set aside.

(3.) This Court had issued rule on 04.11.2020. Today, when the matter was taken-up for hearing, this Court has heard the learned Advocate, Mr. Popat, for the petitioner and the learned AGP, Ms. Shah, for the respondent-State.