SALIM RAJMAHMAD PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On being satisfied that the petitioners activity was prejudicial to the maintenance of public order in the area of Surat City the Commissioner of Police Surat passed an order of detention dated 11/06/1987 under the provisions of the Gujarat Prevention of Anti-Social Activities Act 1985 (hereinafter referred to as the Act). From the grounds of detention served upon the detenu it appears that the Sponsoring Authority placed material before the Police Commissioner Surat. The material placed before him disclosed that the petitioner was running liquor dens at Udhna Road No. 2 and at Gola Ghanti locality of Surat City. That he was engaging servants to run the dens and that the prohibited liquor was being openly sold in public places. That people used to purchase the prohibited liquor from these places and consume the same on public road. On account of this situation it became difficult for female folks to pass through that locality and the people who consumed liquor misbehaved with girls and ladies passing through the road.

(2.) Details of cases under the Bombay Prohibition Act instituted against the petitioner/detenu have been mentioned in the grounds of detention. Between 1984 to 1986 as many as five cases were instituted against the petitioner/detenu and they were pending in the Court. In seventeen prohibition cases mentioned in the grounds of detention persons engaged by the detenu to run the liquor dens have been involved Statements of five persons have been recorded three of them are members of public and two of them are Police Constables. From the statements of the witnesses it appears that whenever some person tried to intervene or give some instruction with regard to the improper behaviour of the people who consumed alcohol and misbehaved on public road the detenu ill-treated them. From the statements of Police Constables Shri Sudhakar Pandurang and Shri Damu Gosalia it appears clear that the detenu engaged as many as twelve servants for running liquor dens. It also appears that mother of the detenu (Sandalbibi) and the wife of the detenu were also involved in some of the prohibition cases. On the basis of the material placed before the detaining authority he came to the conclusion that the activity of the petitioner/detenu was prejudicial to the maintenance of public order and therefore it was necessary to detain him with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Surat City. Hence the order of detention dated 11/06/1987 produced at Annexure A to the petition which has been served upon the petitioner on the same day. The grounds of detention are also served on the same day.

(3.) As per the committal order dated 11/06/1987 the commissioner of. Police Surat directed that the petitioner be detained at Bhavnagar District Jail and he be treated as Class II detenu. The order of detention was served upon the petitioner on the same day i. e. on 11/06/1987 at Surat City. He was taken to Bhavnagar District Jail on 13/06/1987 He was there upto 19/10/1987 on which date he was transferred to Vadodara Central Prison. Be it noted that he had requested the authorities to transfer him to Surat Jail or Navsari Jail but the Government did not accede to this request and instead ordered to transfer him to Baroda Central Prison. The petitioners brother has been informed about the transfer of the detenu to Baroda Central Prison by letter dated 21/10/1987 written by the office of the Commissioner of Police Surat.