VIJAYBHAI NATHABHAI RATHOD Vs. COMMISSIONER OF POLICE

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 22.11.2011 passed by the Police Commissioner, Rajkot City, and he has been declared as bootlegger.

(2.) HEARD learned advocate for the petitioner and the learned AGP for the State. Also perused the record.

(3.) EXCEPT the statements of some anonymous witnesses, there is no material on record which shows that the detenu is carrying on activities of selling country made liquor which is harmful to the health of the public. In the case of Ashokbhai Jivraj @ Jivabhai Solanki v. Police Commissioner, Surat [(2001) (1) GLH 393), having considered the decision of the Hon'ble Apex Court in the case of Ram Manohar Lohia v. State of Bihar (AIR 1966 SC 740), this Court held that the cases wherein the detention order passed on the basis of the statements of the witnesses fall under the maintenance of "law and order" and not "public order".