NAYANBHAI KISHORBHAI KAYASTHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AFFIDAVIT -in -reply filed on behalf of respondent no. 2 is taken on record.

(2.) THIS petition is directed against the order of detention dated 27.03.2014 passed by respondent No. 2 -The District Magistrate, Bharuch in exercise of powers conferred under Section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (in short "the PASA Act") by detaining the detenue as a "bootlegger" as defined under Section 2(b) of the Act. Along with the order of detention, the detenue is also served with the grounds of detention. In the grounds of detention, there is a reference to two criminal cases pending against the detenue. The cases are registered under the provisions of the Bombay Prohibition Act.

(3.) MR . Bipin Bhatt, learned Assistant Government Pleader submitted that registration of FIR would go to show that the detenue had, in fact, indulged into such activities, which can be said to be disturbing the public health and public order and in view of sufficient material before the detaining authority to pass the order of detention, no interference is called for by this Court in exercise of its power under Article 226 of the Constitution of India.