BABULAL MANRAM BISNOEE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN the present petition, the petitioner has challenged his detention order dated 8th August, 2006 passed by the Commissioner of Police, Surat City in exercise of powers under section 3 (1) of the Gujarat Prevention of Anti -Social Activities Act, 1985 (hereinafter to be referred to as "PASA") ordering preventive detention of the petitioner on the ground that such detention is necessary to prevent breach of public order.

(2.) IN order to form an opinion that the activities of the petitioner are prejudicial to public order, the detaining authority took into consideration an isolated instance of involvement of the petitioner in breach of Bombay Prohibition Act. The petitioner was allegedly caught with 150 bottles of Indian Made Foreign Liquor. The detaining authority has also considered the material collected by the Investigating agency while investigating into this offence.

(3.) IT is not in dispute that this single isolated case of breach of prohibition law was the only material before the detaining authority for passing the impugned order. Though the petitioner may be categorized as a 'bootlegger', the question is whether his activities were prejudicial to public order. This question was considered by this Court in the order dated 26.4.2007 passed in Special Civil Application No. 5557/07 in which following observations were made: