VICKY KUMAR 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 three grounds. Firstly, learned advocate has submitted that the offenses relied upon by the detaining authority are separated by period of one year and two months and therefore, there is no live link between two offenses to treat the petitioner as continuously indulging in similar offense to be treated as bootlegger. Secondly, learned advocate has argued that though the petitioner has been enlarged on regular bail by the Court of competent jurisdiction, the detaining authority has not resorted to the lesser drastic remedy. Thirdly, it is argued that though the detaining authority has stated in the order of detention that the so called antisocial activities has resulted in damage to public health and consequently, breach of the public order however, there is no material on record to justify such conclusion.

(3.) Learned Assistant Government Pleader for the respondent State has objected to the grant of petition by submitting that over and above two offenses relied upon by the detaining authority against the petitioner, there are three more offenses of similar nature where the petitioner has been arraigned as an accused and therefore, the detaining authority was justified to conclude that the petitioner is a listed as bootlegger and his antisocial activities were required to be curtailed.