MOHAMMEDARIF RASULBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PERUSED the petition, materials supplied to the detenu, detention order and heard learned advocate Mr.Bhoharia for the petitioner and learned AGP Ms.Shah for the respondent -State.

(2.) THIS petition under Article 226 of the Constitution of India is directed against the order of detention dated 17.6.2013 pursuant to Bavla police station, Ahmedabad (Rural) vide Prohibition C.R. No.105/2013 dated 26.5.2013 in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short the Act) by detaining the detenu as a "bootlegger" as defined under Section 2(b) of the Act.

(3.) LEARNED advocate for the detenu further submits that illegal activity carried out as alleged cannot have any nexus or bearing with maintenance of public order and at the most it can be said to be breach of law and order. Further, except registration of FIR, no other relevant or cogent material is available on record connecting the alleged antisocial activities of the detenu with breach of the public order.