NAVALSINH CHANDANSINH RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner-detenu has challenged the legality and validity of the order of detention dated 10-5-1993 passed by the Police Commissioner, Ahmedabad City, in exercise of powers conferred under Sec. 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA).

(2.) The petitioner was supplied with the grounds and relevant material, the basis on which the grounds were formulated, along with the order of detention, as provided in Sec. 9(1) of PASA. The grounds, in substance, read as under : That the detenu, with his associates Kanji Rabari, Ashok Marvadi and Others, carries on anti-social criminal activity of possessing and selling desi as well as foreign liquor in the area of Saranyavas and Bhavaninagar of Odhav area of Ahmedabad City. In view of this activity, two offences are registered against the detenu as shown in the table in the grounds. This activity of the detenu being injurious to the health of the public, it is alleged that the activity is prejudicial to the maintenance of public order. As many as four persons have stated, referring to the incidents, to the effect that the activities of the detenu are prejudicial to the maintenance of public order. With a view to prevent the detenu from such activities the present order of detention is passed. Four witnesses who have deposed against the detenu have claimed anonymity and accepting the seriousness of the fear expressed by them, the detaining authority has claimed privilege under Sec. 9(2) of PASA.

(3.) Learned Counsel Mr. A. R. Thakkar has challenged this order of detention on number of grounds as stated in the memo of petition as well as in the course of the oral submissions. As we propose to allow this petition on one of the grounds mentioned hereunder, we do not deal with other contentions raised by the learned Counsel for the petitioner.