LAWS(GJH)-2011-3-187

AARTIBEN Vs. COMMISSIONER OF POLICE

Decided On March 28, 2011
AARTIBEN Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) This writ of habeas corpus has been preferred by the petitioner, a lady, challenging the order of detention passed by the Commissioner of Police, Ahmedabad city, in exercise of powers conferred on him under sub-section(1) of section 3 of the Gujarat Prevention of Antisocial Activities Act, 1985 (for short, 'the PASA Act') and also for an order to set her free from detention.

(2.) Learned Single Judge rejected the Special Civil Application vide judgment and order dated 8th October 2010 after finding no illegality in the order of detention, against which, this Appeal has been preferred.

(3.) We take notice of the fact that the appellant writ petitioner has been detained as a 'bootlegger'. We also take notice of the fact that in the grounds of detention dated 11th June 2010, the detaining authority has relied upon four cases which have been registered against her for the offences punishable under the provisions of the Bombay Prohibition Act. All these cases have been shown as pending investigation. Out of the four cases which have been relied upon, the first two cases are of the year 2007 and 2008 respectively and the other two cases are of the year 2010. Relying upon the registration of four cases against the appellant-detenu under the Bombay Prohibition Act, the detaining authority has reached to the subjective satisfaction that the activities of the appellant as a 'bootlegger' have disturbed the public order.