SALIM Vs. POLICE COMMISSIONER

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 26.06.2020 passed by the detaining authority in exercise of the powers conferred on him under sub- section (2) 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 Surat Central Jail, Surat.

(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 four prohibition offences registered with Bhaktinagar Police Station, Dist. Rajkot City, which are 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 being a rickshaw driver, he has been indulging in the activities of selling and storing of prohibited Indian made liquor and on an often, violating the provisions of the Gujarat Prohibition Act. It is further stated in the reasons by the authority that, due to alleged anti- social activities, it suffered the harm at public at large and also, it bearing upon the disturbance of public order. In the grounds of detention, a reference has been made to the offences of prohibition cases registered with Bhaktinagar Police Station, Dist. Rajkot City.