RAKESHKUMAR NATHULAL DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for following relief:-

(2.) Essentially, the challenge is to the order of detention dtd. 28/7/2023 passed by the District Magistrate, SabarkanthaHimmatnagar, respondent No.2 herein, by which the petitioner has been detained as a "bootlegger" as defined under Sec. 2(b) of the Act based on four offences registered against him, details of which are as under:- <IMG>JUDGEMENT_64_LAWS(GJH)10_2023_1.jpg</IMG>

(3.) Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of the offences under Ss. 65(A)(E), 98(2), 81, 83 and 116B of the Prohibition Act by itself cannot bring the case of the detenue within the purview of definition under Sec. 2(b) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order. Learned Advocate for the petitioner further submits that it is not possible to hold on the basis of the facts of the present case that activity of the detenue with respect to the criminal cases had affected even tempo of the society causing threat to the very existence of normal and routine life of people at large or that on the basis of criminal cases, the detenue had put the entire social apparatus in disorder.