KALIBEN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) PERUSED the petition, materials supplied to the detenu, detention order and affidavit -in -reply filed by the detaining authority and heard learned advocate Mr. Mehta for the petitioner and learned A.G.P. Mr. Hajare for the respondent -State. This petition under Article 226 of the Constitution of India is directed against the order of detention dated 17.8.2013 passed by the respondent authority 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.

(2.) LEARNED advocate for the detenu submits that order of detention impugned in this petition deserves to be quashed and set aside on the ground that three offences registered against the detenu before the concerned police station vide Prohibition C.R. No. 5052 of 2011 for the offence punishable u/s. 66B, 65E and 81 of the Prohibition Act and Prohibition C.R. Nos. 5032 of 2013 and 5056 of 2013 both for the offence punishable u/s. 661B, 65E and 81 of the Prohibition Act are not of such magnitude and intensity as to have the effect of disturbing the public order so as to pass an order under Section 3(1) of the PASA Act. Learned advocate for the petitioner has further submitted that the detaining authority has not applied its mind to the vital facts and there was non -application of mind before recording the order of detention. In support of the above contention, learned advocate for the petitioner has relied upon the following case -laws:

(3.) SECTION 2(b) of the Act defines the term "bootlegger" as under: - -