MOHANLAL MULCHAND LAKHWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner Who is the father of the detenu has filed the present petition challenging the legality and validity of the detention order passed by the Commissioner of Police Baroda against the detenu on 3.10.1992 under Sec.3 of the Gujarat Prevention of Anti Social Activities Act. The detenu was also served with the grounds of detention of the same date.

(2.) On perusal of the grounds it appears that there are six criminal cases filed against the detenu under various provisions of the Prohibition Act. Said cases are pending investigation. The case at Sr.No.4 indicates that there 74 boxes of English liquor valued at Rs. 1 9 400 and one Matador valued at Rs. 40 0 were seized. There were statements of four witnesses. Statements of two witnesses were recorded on 22.9.1992 and were also verified on 25.9.1992. Statements of other two witnesses were recorded on 23.10.1992 and were verified on 25.9.1992. The First witness speaks about the incident which look place at 1.30 p.m. about 20 days back from the date of recording of his statement. The second witness speaks about the incident which took place at about 9.30 p.m. about 25 days back from the date of recording of his statement. The third witness also speaks about the same incident which is narrated by the second witness. The fourth witness speaks about the incident which took place at 6.30 p.m. about ton to twelve days back from the date of recording of his statement. Thus in addition to the said criminal cases there are three other incidents narrated by the witnesses.

(3.) Considering the aforesaid material and other relevant aspects the detaining authority came to the subjective satisfaction on the point that it is necessary to detain the detenu to prevent him from continuing his bootlegging activities which are prejudicial to the maintenance of public order.