MADHUBHAI RAJARAM PAWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has been detained under the provisions of Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as `the Act of 1985') by the order dated 12.12.2011 passed by the District Magistrate, Valsad, and he has been declared as bootlegger. Learned advocate for the petitioner is not present when the matter is called out. Heard learned AGP for the State. Also perused the record.

(2.) FROM the grounds of detention, it appears that one offence being Kaprada Police Station III-C.R.No.5115 of 2011 under the Prohibition Act have been registered against the detenu, wherein it is alleged that a total quantity of 984 bottles of foreign liquor was found from the possession of the detenu. On the basis of registration of this case, the detaining authority held that the present detenu was carrying on activities of selling country made liquor which is harmful to the health of the public. It is held by the detaining authority that as the detenu is indulged in illegal activities, it is required to restrain the detenu from carrying on further illegal activities, i.e. selling liquor. The detaining authority has placed reliance on the above registered offence and statements of unnamed witnesses. In the opinion of this Court, the activities of the detenu can, by no stretch of imagination, can be said to be disturbing the ?public order?. It is seen from the grounds that a general statement that has been made by the detaining authority that consuming liquor is injurious to health. In fact, a perusal of the order passed by the detaining authority shows that the grounds which are mentioned in the order are in reference to the situation of ?Law and order? and not ?public order?. Therefore, on this ground, the subjective satisfaction arrived at by the detaining authority is vitiated on account of non-application of mind and the impugned order, therefore, deserves to be quashed and set aside.

(3.) THE petition is allowed. THE impugned order of detention dated 12.12.2011 passed by the District Magistrate, Valsad, passed against the detenu is hereby quashed and set aside. THE detenu is ordered to be set at liberty forthwith, if not required in any other case. Rule is made absolute accordingly. Direct service is permitted.