RAJENDRAKUMAR NATVARLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-detenu has filed the present petition for a writ of habeas corpus and for quashing and setting aside the order of detention dated 28-5-1987 (Annexure-A to the petition) and also for directing the respondents to set the detenu at liberty forthwith.

(2.) Order Annexure-A is passed by the District Magistrate Panchmahals at Godhra under the provisions of Sec. 3(2) of the Gujarat Prevention of Anti-Social Activities Act 1985 (hereinafter referred to as the PASA Act) on his being satisfied that with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order it was necessary to pass an order directing the petitioner to be detained. The detenu was also supplied with the grounds of detention (copy at Annexure-B to the petition). On perusal of the grounds it appears that the petitioner is dealing in the business of transporting and selling of liquor and thereby carrying on anti-social activities. It is also mentioned in the said grounds that three cases have been filed against the petitioner-detenu being Limbdi Prohibition C. R. No. 154 of 1986 Godhra Town Prohibition C. R. No. 303 of 1982 and Godhra Town Prohibition C. R. No. 150 of 1986. It is also mentioned in the said grounds that the petitioners as doing the business as broker and that inspite of the above proceedings the detenu could not be prevented from doing the above activities and that he was not likely to stop such activities. It is also mentioned in the said grounds that in Gujarat State the Bombay Prohibition Act is in force and for health of the public with a view to preventing him from acting in any manner prejudicial to the public health the detaining authority was constrained to pass the detention order.

(3.) Mr. C. K. Thakkar the learned Advocate appearing for the petitioner raised the following points before us: