KARANSINH CHETANSINH VAGHELA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Challenge in this petition is made to the detention order passed by the Commissioner of Police, Ahmedabad City, dated 06.04.2021, treating the petitioner as a 'Bootlegger' within the meaning of Section 2(b) of the Gujarat Prevention of Anti Social Activities Act, 1985.

(2.) Learned advocate for the petitioner has submitted that solely on the basis of the FIR in question, the petitioner could not be termed to be a 'bootlegger' and the satisfaction arrived at by the detaining Authority, in the facts of the case is unsustainable and the same be quashed and set aside. Attention of this Court is invited to page - 145 of the paper-book and it is submitted that except that, there is no other legally sustainable material against the petitioner. It is noted that learned advocate for the petitioner has also drawn the attention of this Court to the proceedings of Special Civil Application No.5541 of 2021 and Criminal Misc. Application No.2031 of 2021. It is submitted that this petition be allowed.

(3.) On the other hand, Mr. Hardik Soni, learned AGP has vehemently opposed this petition. It is submitted that in the facts of the present case, the satisfaction arrived at by the detaining Authority be not interfered with. Specific reference is made that the petitioner is a police constable. It is submitted that, it is the petitioner who, as per the investigation, is facilitating the transportation, unloading and storage of liquor. It is submitted that the detaining Authority, who in the present case is the Commissioner of Police, Ahmedabad City, has taken very serious view, since the petitioner is working in the police force. It is further submitted that though the FIR in question being CR. No.11191012201277 of 2020 registered with the Danilimda Police Station, Ahmedabad City for the offences punishable under Sections 66(1)(b), 65(a), 65(e), 116B, 98(2) and 81 of the Gujarat Prohibition Act is dated 27.10.2020, the petitioner was on run till 06.04.2021 and that is an additional factor, which may be considered by the Court. Learned AGP has also drawn the attention of this Court to the proceedings of Special Civil Application No.5541 of 2021 and Criminal Misc. Application No.2031 of 2021. It is submitted by learned AGP that this petition be dismissed.