NARESH Vs. STATE OF GUJARAT AND ORS.

JUDGEMENT

(1.) Perused the petition, materials supplied to the detenu, detention order and heard learned counsel for the parties.

(2.) This petition under Article 226 of the Constitution of India is directed against the order of detention dated 26.11.2015 passed by the respondent authority in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short the Act) by detaining the detenue as a "bootlegger" as defined under Section 2(b) of the Act.

(3.) Learned advocate for the detenue submits that order of detention impugned in this petition deserves to be quashed and set aside on the ground that one offence registered against the detenu before the concerned police station vide III C.R. No. 1873 of 2015 for the offences punishable under Sections 66(1)(b), 65(e) etc. of Prohibition Act is not of such magnitude and intensity as to have the effect of disturbing the public order so as to pass an order under Section 3(1) of the PASA Act. Learned advocate for the petitioner has further submitted that the detaining authority has not applied its mind to the vital facts and there was non-application of mind before recording the order of detention.