JAYANTIBHAI CHOPAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER is ordered to be kept on preventive detention by an order dated 23rd July, 2010 passed by the Police Commissioner, Ahmedabad, in exercise of powers under Section 3(1) of Prevention of Antisocial Activities Act (for short 'PASA'). This order was based on the satisfaction of the Authority that it is necessary to keep him under preventive detention to prevent him from committing acts prejudicial to public order.

(2.) VIDE communication dated 23.7.2010, grounds of such detention have been communicated to the petitioner which records that the petitioner has been involved in one case of offence under Section 66B and 66E and other provisions of Bombay Police Act for which FIR was lodged on 14.7.2010. It is stated that investigation in such complaint is going on. Other than the above alleged involvement of the petitioner in one case of bootlegging, even as per the grounds of detention, there are no other acts of any criminal nature alleged against the petitioner. The grounds thus record that the petitioner is a bootlegger within the meaning of Section 2(b) of PASA. It is recorded that though petitioner was involved in similar other cases also, the same have not been recorded. Grounds further indicate that if such activity of purchasing and selling of illicit liquor is not controlled, it would result into sell of liquor of inferior quality which may be poisonous and harmful to the people drinking it.

(3.) COUNSEL also relied on unreported decision of learned single Judge dated 25.10.2005 passed in Special Civil Application No.18901 of 2005; wherein, it was held and observed as under: