NAGINBHAI HARIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition, the petitioner-detenu has challenged the detention order passed against him by the detaining authority, by its order dated 29.12.2003 under the provisions of the Gujarat Prevention of Anti-social Activities Act, 1985 ( "PASA", for short). The petitioner is detained as a "bootlegger" under PASA. Along with the order, the petitioner was also served with the grounds of detention.

(2.) In the grounds of detention, there is a reference about three criminal cases, which are pending against the petitioner. The aforesaid cases are registered against the petitioner under the Bombay Prohibition Act. It is alleged that, the petitioner is dealing in country made liquor. After recording subjective satisfaction and after considering the statements of the witnesses, whose names have not been disclosed to the petitioner, the detaining authority has detained him under PASA. The said detention order is challenged by the petitioner by way of this petition.

(3.) At the time of hearing of this petition, learned Advocate for the petitioner has submitted that, there is total non-application of mind on the part of the detaining authority, as, according to him, the sponsoring authority has recorded the statements of the witnesses on 23.12.2003, but prior to that, the proposal was sent on 20.12.2003. On this aspect also, as such there is no dispute, as learned AGP Ms.Raval, after going through the file, has submitted that the statements of the witnesses were recorded on 23.12.2003, however, proposal was sent on 20.12.2003.