NARSINHBHAI RAMABHAI CHAVADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Narsinhbhai Ramabhai Chavada, petitioner, has filed this habeas corpus petition challenging the order of detention dated 17.10.2005 passed by the District Magistrate, Kheda-Nadiad, respondent No. 2 under the provisions of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as "the PASA Act") as being illegal, invalid, arbitrary and contrary to Articles 14, 19, 21 and 22 of the Constitution of India. The petition was filed on 16.11.2005. On 18.11.2005 this Court issued Rule returnable on 14.12.2005. On behalf of the respondents Mr. L.R. Pujari, learned AGP, appears. With the consent of the parties, the matter has been taken up for final disposal.

(2.) Mr. H.R. Prajapati, learned advocate for the petitioner has invited my attention to the order of detention dated 17.10.2005 passed under the provisions of the PASA Act which is produced at Annexure-A to the petition. He has also invited my attention to the other order passed on the same day by which the petitioner has been sent to Rajkot jail. He has also invited my attention to the order dated 17.10.2005 by which the authority has supplied the grounds of detention. In the grounds of detention there are about 4 criminal offences registered in connection with storing of a large quantity of foreign liquors. In the first offence took place on 27.5.2005 it was alleged that the petitioner brought 106 bottles of liquor worth Rs. 24,750/-. Another offence was committed on 5.11.2004 where also 106 bottles of foreign liquor worth Rs. 22,200/- was seized. The other offence is of 1.9.2003 where the petitioner has stored 89 bottles of foreign liquor valued at Rs. 26,700/-. The fourth incident is of 29.12.2003 where about 45 bottles of foreign liquor worth Rs. 18,000/- and other materials were seized.

(3.) The learned advocate has invited my attention to the fact that in the grounds of detention it has been alleged that the senior police officer Mr. N.D. Solanki had received information on 27.5.2005 that the petitioner is carrying on business of foreign liquor. In view of the said information Mr. Solanki along with other police staff and panchas went by government car and raided the premises in question. At that time one Sanjaybhai Budabhai Parmar was arrested and the police found out 24 bottles of foreign liquor and another 82 bottles of foreign liquor in all 106 bottles of foreign liquors were found out from the same place. Panchnama was prepared. It was also recorded that the petitioner has also confessed in his statement on 14.3.2005 that there were some foreign liquor bottles found out at his place on 11.7.2005 about 106 bottles and for which he has filed bail application and he has been released on bail. Similarly, another incident of 5.11.2004 was also alleged similar incident. The third incident is of 1.9.2003 and the fourth incident regarding 29.12.2003 where it was stated that the petitioner was carrying on liquor business. It was alleged that carrying on business of country liquor is injurious to health and as the petitioner is carrying on business of boot-legging he is a boot-legger as defined under the provisions of Section 2(b) of the PASA Act and after examining all these facts, the authorities have considered that the carrying on of business of liquor by the petitioner will affect the public law as well as public health and therefore on arriving at subjective satisfaction the authority has passed the order of detention.