KALWANTSINGH SATNAMSINGH RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. H. B. Champavat for the petitioner and learned AGP Ms. Amita shah for the respondent State at length

(2.) Petition is filed by the uncle of the detenue Kalwantsingh Satnamsingh Rajput, who is shown as a petitioner, since he is detained by the impugned order dated 15.03.2014 by respondent No.2 under Section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1982.

(3.) In such impugned order of detention, competent authority has considered the solitary offence under Section 66(B), 65AE, 67, 116(2), 81, 88 and 89 of the Prohibition Act registered with Palanpur Taluka Police Station being II C. R. No. 501 of 2014 on 25.02.2014. On perusal of such FIR, it becomes clear that concerned team of Palanpur Taluka Police station on their routine patrolling to avoid such type of offences came to know that one truck number RJ 19 1 G 2118 is transporting foreign liquor without permit to Ahmedabad, and, therefore, they have cordoned the concerned entry points and also road near Jagnath Bus station where they found such truck coming on road. It is further stated that when they have asked the truck to stop, instead of stopping the truck, driver has driven it towards Chhapi in speed so as to avoid its checking, therefore police had chased the truck for half km. and intercepted it. Thereby truck has to stop there and on inquiry, petitioner was found driving and controlling the truck. Thereafter, when truck was examined in the presence of the petitioner, in front there were bags of rice and on removing such front bags, they found cartons of foreign liquor and on demand, driver could not produce a permit or documents for such foreign liquor and, therefore, the same was recovered as mudamal article and on counting of such bags and cartons there were only 65 bags of rice worth Rs.1625/-, whereas there were 230 cartons of liquor and on verification, it has been found that each carton contains 148 bottles liquor of rock strong by Mali & Green company with label that it is for the sale in Punjab. Total value of such liquor is approximately Rs.12,96,000/-. On further inquiry, petitioner has disclosed that liquor is to be delivered at Ahmedabad. In addition to rice bags and cartons of liquor, truck and mobile phone of petitioner ware recovered as muddamal and while petitioner is found with huge quantity of liquor worth Rs. 13,00,000/-, considering the provisions of Act, impugned order was passed. On verification of papers provided to the petitioner with order, it becomes clear that investigation confirms the version of the complainant. However, learned trial Court has released the petitioner on bail by an order dated 07.03.2014 observing that petitioner is resident of Punjab and he was only driving the vehicle and when offence is not grave in nature so as to life imprisonment or more and when petitioner has pleaded that he will obey all the conditions and that he has responsibility of his family, the Sessions Court has deemed it fit to release him on bail though it was submitted by the prosecution that applicant is transferring huge quantity of liqour from Punjab to Ahmadabad and if he is released, he will certainly continue such activity. It is also relevant to note that the investigating agency could not find out the person whose name was disclosed by the petitioner from the mobile number given by the petitioner. Therefore, in fact, there is a reason to believe that petitioner is himself is a key person and owner of the liquor to be delivered at Ahmedabad.