ARVINDBHAI JETHABHAI PARMAR Vs. COMISSIONER OF POLICE

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India the petitioner-detenu has challenged the legality and validity of the detention order passed by the Police Commissioner, dated 10.4.2002 in exercise of powers vested under him by Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the PASA Act').

(2.) The petitioner has been branded as bootlegger within the meaning of sec. 2(b) of the PASA Act and the subjective satisfaction recorded by the detaining authority on the strength of the registration of a criminal case registered with DCB Police Station for the offence punishable under sec. 66(1)(B), 65(E)(A) and 81 of the Bombay Prohibition Act on 5.4.2002.

(3.) In this solitary case registered against the petitioner, a Maruti Fronti car was intercepted by the Police from which approximately 2152 bottles of Indian made foreign liquor was seized. One Hero-Honda motor-cycle and two mobile phones found were also seized by the police. The Sponsoring authority was able to record the statements of two independent witnesses who have narrated the nature of the activities adopted by the petitioner as bootlegger with his accomplice. So, on the strength of this documents, subjective satisfaction has been recorded by the detaining authority by exercising powers under Sec.3 of the PASA Act and the petitioner was detained by the impugned order. Statements of these two unnamed witnesses are recorded on 6.4.2002 and 7.4.2002 respectively and both these statements are verified by the detaining authority on 9.4.2002 and on the next day i.e. 10.4.2002 the order of detention has been passed.