UTTAMBHAI VADILAL MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present petition, the petitioner has challenged the order of detention dated 21.12.2006 passed by the District Magistrate, Panchmahal, Godhra, placing the petitioner under detention in exercise of powers under section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 ("PASA" for short).

(2.) The Detaining Authority was of the opinion that the detention of the petitioner is necessary to prevent breach of public order. To form such an opinion, the detaining placed reliance on the involvement of the petitioner in six cases of breach of Bombay Prohibition Act. On six different occasions spanning from 7th September 2005 to 3rd December 2006, the petitioner is allegedly found to be in possession of country made liquor. It is on the basis of involvement of the petitioner in the said criminal activity and material collected by the Investigating agency while inquiring into these offences, the detaining authority formed an opinion that detention of the petitioner is necessary to prevent breach of public order.

(3.) Learned advocate Shri Prajapati for the petitioner submitted that the petitioner has been involved in certain offence of breach of prohibition law, that by itself would not permit the detaining to form an opinion that the activities of the petitioner amount to breach of public order or that to prevent such breach, it is necessary to place the petitioner under detention.