HASINABANU Vs. STATE OF GUJARAT & 2 ORS.

JUDGEMENT

(1.) PERUSED the petition, materials supplied to the detenu, detention order and affidavit -in -reply filed by the detaining authority and heard learned advocate Mr. Atit Thakor appearing for learned advocate Mr. A.R. Shaikh for the petitioner and learned A.G.P. Mr. L.R. Poojari for the respondent -State. This petition under Article 226 of the Constitution of India is directed against the order of detention dated 05.06.2013 passed by the respondent No. 2 in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short the Act) by detaining the detenue as a "bootlegger" as defined under Section 2 of the Act.

(2.) LEARNED advocate for the detenue submits that order of detention impugned in this petition deserves to be quashed and set aside on the ground that three offences registered against the detenu before the concerned police station under the provisions of Gujarat Prohibition Act vide III -C.R. No. 372 of 2013 for the offence punishable under Sections 66(1)B, 65EA, 116(1)C, 81, 98 and 99, III -C.R. No. 294 of 2013 for the offence punishable under Sections 66(1)B, 65EA, 116(1)C, 81, 98 and 99 and III -C.R. No. 351 of 2013 for the offence punishable under Sections 66(1)B, 65EA, 116(1)C and 81 are not of such magnitude and intensity to have the effect of disturbing the public order so as to pass an order under Section 3(1) of the PASA Act. Learned advocate for the petitioner has further submitted that the detaining authority has not applied its mind to the vital facts and there was non -application of mind before recording the order of detention.

(3.) SECTION 2(b) of the Act defines the term "bootlegger" as under: