MANOJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Perused the petition, materials supplied to the detenu and detention order and heard learned advocate Mr. Sandip Patel for the petitioner and learned A.G.P. Mr. RR Patel for the respondent - State.

(2.) This petition under Article 226 of the Constitution of India is directed against the order of detention dated 24/7/2015 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.

(3.) Learned advocate for the detenu submits that order of detention impugned in this petition deserves to be quashed and set aside on the round that two offences registered against the detenu before the concerned police station vide Prohibition C.R. Nos. 5756 of 2014 and 5221 of 2015 for the offences punishable under Sections 66(b), 65(a)(e), 81, 116(1)(b), etc., of Prohibition Act are 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.