RAJURAM Vs. POLICE COMMISSIONER AND 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. Augusthy for the petitioner and learned A.G.P. Mr. Dabhi for the respondent -State. This petition under Article 226 of the Constitution of India is directed against the order of detention dated 20.7.2013 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 detenu as a "bootlegger" as defined under Section 2(b) of the Act.

(2.) LEARNED advocate for the detenu submits that order of detention impugned in this petition deserves to be quashed and set aside on the ground that one offence i.e. C.R. No. III 482 of 2013 for the offence punishable under Sections 66(1)(b), 65(a)(e), 81, 116(1)b, 98 and 99 of the Prohibition Act, registered against the detenu before the concerned police station is not of such magnitude and intensity as 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: -