JAGDISH KALUBHAI BHAVSAR Vs. STATE

JUDGEMENT

(1.) Jagdish Kalubhai Bhavsar, petitioner (original detenu) has filed this habeas corpus petition under Article 226 of the Constitution of India for quashing and setting aside the order of detention dated 20/9/2005 passed by the Police Commissioner, Ahmedabad under the provisions of PASA Act. Petition was filed on 14/10/2005. On 24/10/2005, this Court (Coram:A.S.Dave, J) has issued rule which is returnable after four weeks. Hence, matter has been placed for hearing to this Court.

(2.) Ms.Banna Dutta, learned counsel on behalf of Ms.K.U.Mishra,learned advocate appears for the petitioner. She has invited my attention to the order of detention dated 20/9/1005. She has stated that detenu has been detained on 20/9/2005. She has also invited my attention to the grounds supplied by the authority on 20/9/2005. In the grounds of detention, it is stated that detenu has committed one offence which is registered at Amaraivadi Police Station in connection with Criminal Case No.5383 of 2005 dated 19/9/2005 under the provisions of Section 66(B), 65(E) and 81 of the Bombay Prohibition Act by which the detenu has stored 753 liter country liquor and Maruti fronte valued at Rs.50,000/-

(3.) The learned counsel for the petitioner submitted that it was also stated that petitioner was falling within the meaning of 'bootlegger' under the provisions of PASA Act as carrying on antisocial activities as carrying on business of liquor and and therefore, there is a breach of public order. The learned counsel for the petitioner stated that even if all the allegations taken, then the detenu will not fall within the meaning of 'bootlegger'. There can be breach of law and order situation but not public order. For the same, the learned counsel has relied upon the judgment of the Hon'ble Supreme Court in the case of Piyush Kantilal Mehta, judgment and order dated 22/8/2000 of the Division Bench of this Court (Coram:M.R.Calla and R.R.Tripathi, J.J.) in L.P.A. No.223 of 2000 in S.C.A. No.554 of 2000 and division bench judgment of this Court (Coram:C.K.Thakkar, Acting C.J. and K.M.MEHTA, J.) in the case of Ashokbhai Jivrajbhai v. Police Commissioner, reported in 2000 (1) GLR 816, particularly para 21.