RAHISH ALIAS DABBU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order No.PCB/PASA/DTN/205/2020 dated 29.7.2020 passed by the respondent No.2 in exercise of the powers conferred under sub-section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as the "Act of 1985"), whereby the petitioner-detenue has been detained as a 'Bootlegger', as defined under clause (b) of Section 3 of the Act of 1985.

(2.) Mr. Mohamadzaid I. Saiyed, learned advocate for the petitioner submitted that as can be seen from the grounds of detention, there are 2 first information reports registered on 19.5.2020 and third one on 20.5.2020 against the petitioner. Only on the basis of 3 first information reports, the order dated 29.7.2020 has been passed detaining the petitioner under provisions of the Act of 1985. It is submitted that the petitioner has been detained terming him as bootlegger under section 2(b) of the Act of 1985. It is submitted that looking to the material supplied, it cannot be said that the activities of the petitioner are prejudicial to the maintenance of public order. Therefore, the subjective satisfaction arrived at by the detaining authority as regards disturbance of the public order, is erroneous.

(3.) Mr. Saiyed, learned advocate for the petitioner has placed on record the order dated 15.10.2020 passed by the coordinate bench of this Court in Special Civil Application No.8114 of 2020 to contend that co-accused mentioned in the first information report were also detained by passing the detention order and this Court, vide said order, has quashed the said detention order and the detenue has been set at liberty. It is urged that the petition be allowed and the order of detention may be quashed and set aside.