LAWS(GJH)-1994-4-16

KANJIBHAI HARJIBHAI RABARI Vs. STATE OF GUJARAT

Decided On April 07, 1994
KANJIBHAI HARJIBHAI RABARI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioner-detenu has challenged the order of detention dated 11-6-1993 passed against him by the Commissioner of Police, Ahmedanad, exercising power under PASA Act on his being satisfied that with a view to prevent the petitioner from carrying on his bootlegging activities which are prejudicial to the maintenance of the public order it is necessary to detain him. He was served with the order on the same day along with the grounds of detention.

(2.) On perusal of the grounds of detention it appears that one case is filed against the petitioner wherein 2,568 foreign liquor bottles worth Rs. 1,47,175.00 were seized. In addition to that 2,078 bottles of beer worth Rs. 86,340.00 were also seized and a Maruti van worth Rs. 1,40,000.00 was also seized. There were also other materials in the shape of statements of four witnesses with regard to the incident. Taking into consideration the aforesaid material and other circumstances the detaining authority passed the aforesaid order.

(3.) On 23 March 1994 when this matter is listed herein, Mr. Prajapati, learned Advocate appearing for Mr. P. M. Thakkar, learned Advocate for the petitioner, has raised a contention before us that the representation dated 24th January 1994, made by the learned Advocate for the petitioner to the Hon'ble the Chief Minister, has not been considered at all. However, this point was not specifically raised and therefore, the petitioner made an application raising a specific point for amending the petition and Miscellaneous Application for amendment was allowed and the point is specifically raised in the petition as ground No. "Z" on page No. 16E of the petition. To that affidavit-in-reply is also filed by the State Government. (1) Spl. Cri. Appli. No. 35 of 1993 decided by Gujarat High Court.