HITESHBHAI CHANDUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 12.07.2012 passed by respondent No.2 - District Magistrate, Valsad in exercise of powers conferred under Section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (in short "the PASA Act") by detaining the detenu as a "bootlegger" as defined under Section 2(b) of the Act. Along with the order of detention, the detenu is also served with the grounds of detention. In the grounds of detention, there is a reference to one criminal case pending against the detenu. The case is registered under the provisions of the Bombay Prohibition Act.

(2.) MR .S.M.Chudasma, learned advocate for the detenu submits that registration of FIR itself cannot lead to disturbance of even tempo of public life and therefore the public order. The order of detention is assailed by the detenu on various grounds mentioned in the memo of the petition. However, learned counsel for the detenu submits that, except FIR registered under the Bombay Prohibition Act, there was no other material before the detaining authority whereby it could be inferred reasonably that the detenu is a 'bootlegger' within the meaning of Section 2(b) of the Act and required to be detained as the detenu's activities are prejudicial to the maintenance of public health and public order. In support of the above submission, learned counsel for the detenu has placed reliance on judgment of the Apex Court in the case of Piyush Kantilal Mehta vs. Commissioner of police, AIR 1989 Supreme Court 491 and the recent judgment dated 28.3.2011 passed by the Division Bench of this Court Coram: S.J. Mukhopadhaya C.J. & J.B. Pardiwala, J. in Letters Patent Appeal No2732 of 2010 in Special Civil Application No.9492 of 2010 (Aartiben vs. Commissioner of Police) which would squarely help the detenu. Learned advocate Mr.Chudasma appearing for the detenu states that the order of detention qua co-detenu has been quashed by this Court in Special Civil Application No.11422 of 2012.

(3.) IN the result, this Special Civil Application is allowed. The order of detention dated 12.07.2012 passed by respondent No. 2 is hereby quashed and set aside. The detenu is ordered to be set at liberty forthwith if the detenu is not required in connection with any other case. Rule is made absolute to the aforesaid extent. Direct service is permitted.