AMARSINH GELA KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner Koli Amarsinh Gela (hereinafter referred to as "the detenu"), who is detained by an order dated 5.2.1996 passed under Sec. 3 (1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as "the Act") by the District Magistrate, Surendranagar (hereinafter referred to as "the detaining authority"), has challenged the said order of his detention by way of this petition under Art. 226 of the Constitution of India.

(2.) In the grounds of detention supplied to the detenu, the detaining authority has placed reliance on three prohibition cases registered against the detenu. These cases are of 1994 and 1995. The detaining authority has also placed on the statements of six witnesses, whose identity is not disclosed to the detenue claiming privilege under Sub-sec. (2) of Sec. 3(1) of the Act. After considering these materials, the detaining authority has recorded a finding that the detenue is a "bootlegger" within the meaning of Sec. 2 (b) of the Act and with a view to preventing the him from acting in any manner prejudicial to the maintenance of public order, it was necessary to pass the order of detention against him and, therefore, the impugned order is passed, which is under challenge in the present petition.

(3.) This petition is required to be allowed on the first contention advanced on behalf of the petitioner and, therefore, it is not necessary to refer to and deal with the other contentions raised in the petition. Ms. Patel on behalf of the petitioner submitted that the detaining authority has also relied on the old cases registered against the detenu under the Bombay Prohibition Act wherein the detenue was acquitted by the competent Court. Therefore, according to her, the impugned order is vitiated on the ground of the same having been passed on consideration of the extraneous material.