JIGNESH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner/detenu challenging the validity of the order of detention dated 18.02.2020 passed by the detaining authority in exercise of the powers conferred on him under sub- section (1) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the Act' for short) with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Rajkot City. In pursuance of the said order, the detenue has been detained at Vadodara Central Jail, Vadodara.

(2.) The detenue has been furnished with the copy of grounds of detention and all other materials inclusive of statement of witnesses on the basis of which, subjective satisfaction for passing the impugned order has been reached by the Detaining Authority. As a result, the detenue came to be detained as a "bootlegger" on his involvement in one solitary offence registered with Maliya Miyana Police Station being Prohibition CR. No. 5280 of 2019, which is pending in the Court of law.

(3.) The substance of the alleged anti-social activities of the detenue as mentioned in the grounds of detention are that the detenue as a bootlegger was engaged in unlawfully selling the country made and foreign liquor and still he has been indulging in anti-social activities and causing injuries to the persons public at large and his activities suffered seriously to the public at large. In the grounds of detention, a reference has been made to one solitary offence of prohibition case, registered with Maliya Miyana Police Station being Prohibition CR No. 5280 of 2019 under Sections 65(e), 83, 98(2), 116(b), 81 of the Gujarat Prohibition Act.