MAFAJI BABRAJI MARWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 04/03/2011 passed by respondent No.2 herein - District Magistrate, Ahmedabad 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 detenue as a "bootlegger" as defined under Section 2(b) of the Act. Along with the order of detention, the detenue is also served with the grounds of detention. In the grounds of detention, there is a reference of two criminal cases pending against the detenue. The cases are registered under the provisions of the Bombay Prohibition Act.

(2.) BY communication dated 19/12/2012, the petitioner moved Detaining Authority, in which, it was mentioned that though he was arrested on 31/08/2012 pursuant to the offences, which are relied upon by the Detaining Authority while passing the detention order treating him as bootlegger, he was not detained by the authority. It was submitted that the concerned Police Officer of Local Crime Branch of Ahmedabad (Rural) by communication dated 13/09/2012 informed the Jail Superintendent, Bhuj Jail about the order of detention as the petitioner was detained as "bootlegger" under the PASA Act in other cases. The petitioner was not detained pursuant to the impugned order of detention dated 04/03/2011 and the authority has detained him only on 15/12/2012. It is the case of the petitioner that the petitioner was detained in other cases as "bootlegger" under the PASA Act. It appears that detention order dated 22/09/2009 passed by the Commissioner of Police, Ahmedabad City, which was quashed and set aside by this Court vide order dated 15/12/2012 in Special Civil Application No.10795 of 2012.

(3.) MR .Niraj Ashar, learned Assistant Government Pleader submitted that registration of FIR would go to show that the detenue had, in fact, indulged into such activities, which can be said to be disturbing the public health and public order and in view of sufficient material before the detaining authority to pass the order of detention, no interference is called for by this Court in exercise of its power under Article 226 of the Constitution of India.