HITEN @ LALO PRAVINBHAI VIRANI Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is directed against the order of detention dated 09.11.2015 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 detenu as a "bootlegger" as defined under Section 2(b) of the Act.

(2.) Perused the petition, materials supplied to the detenu, detention order and heard learned advocate Mr.Kishan Prajapati for learned advocate Mr. Sanjay Prajapati for the petitioner and learned A.G.P. Mr.Devnani for the respondent­State.

(3.) Learned advocate for the detenu submits that two offences are registered against the petitioner, the details of which are produced with the detention order at page 11 of the compilation. It is contended that while passing the order of detention, detaining authority has relied on solitary FIR registered against the petitioner i.e. FIR being C.R.No.332 of 2015 registered with Udyognagar Police Station for the offences under sections 66(1)(B), 65E, 116B, 81 of the Prohibition Act. It is submitted that offences under the 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 non­application of mind before recording the order of detention.