SANJAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for following relief:-

(2.) Learned advocate for the petitioner has challenged the order of detention on the ground that the order of detention has been passed on the very next day of the petitioner being released on regular bail and therefore, the detaining authority did not have sufficient time to arrive at the subjective satisfaction. Learned advocate has challenged the order also on the ground that though the detaining authority has referred to adversely affecting the public health however, alongwith the grounds of detention, there is no material to place substantiate the subjective satisfaction by the detaining authority. According to the petitioner, to arrive at conclusion that the sale of prohibited liquor by the petitioner has affected adversely the public health, then in that case, there is no report of a FSL or any other data in the form of statement or otherwise to indicate that how the consumption of liquor has adversely affected the public health and thereby disturbing the public order.

(3.) Learned Assistant Government Pleader for the respondent State has objected to the grant of petition by submitting that as the petitioner has been arraigned as an accused in two offenses under the Prohibition Act, the detaining authority was justified in considering the petitioner as a bootlegger under Sec. 2(b) of the Act and therefore, passed an order of detention. He has drawn attention to the grounds of detention submitting that the earlier also, the petitioner has been detained under the PASA.