RANABHAI POLABHAI SATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have invoked Article 226 of the Constitution to challenge identical orders dated 11.01.2007 of District Magistrate, Bhavnagar, issued in exercise of the powers conferred by Sub-Section (2) of Section 3 of the Gujarat Prevention of Antisocial Activities Act, 1985 (for short "P.A.S.A."). Since facts of both the cases and documents and grounds of detention are stated to be identical, both the petitions are heard together and disposed by this common judgment.

(2.) According to the grounds of detention supplied to the petitioners under the provisions of Section 9 of P.A.S.A., the petitioners are bootleggers and reported to have been involved in offences under the Prohibition Act which are registered in Palitana Town Police Station as C.R.No.193 of 2006 on 17.12.2006 and they are stated to have been arrested on the same day and released on bail on 20.12.2006, pending investigation by the police. The muddamal recovered in the said offences is stated to be 148 bottles of liquor valued at Rs.59,200/-. It is, on that basis, stated in the grounds that the petitioners were bootleggers and causing danger to public health whereby public order was likely to be adversely affected. It is stated inter alia in the affidavit-in-reply of the Detaining Authority as under:-

(3.) In the above facts, it was sought to be argued on behalf of the respondents that danger to public health caused by the activities of bootlegging by the petitioners substantiated the assumption of likelihood of public order being adversely affected and, for that reason, the subjective satisfaction about the necessity of preventing the petitioners from acting in any manner prejudicial to the maintenance of public order and the impugned order directing his detention were legal and justified.