KAMLABEN Vs. STATE OF GUJARAT AND OTHERS

JUDGEMENT

(1.) This petition is directed against the order of detention dated 07/11/2017 passed by respondent No. 2, in exercise of powers conferred under section 3[1] / 3[2] of the Gujarat Prevention of Anti Social Activities Act, 1985 [for short 'the Act'] by detaining the detenue as a "bootlegger" as defined under section 2[b] of the Act.

(2.) Learned advocate for the detenue submits registration of two FIR itself cannot lead to disturbance of even tempo of public life and, therefore, the public order. He further submits that, except FIR registered under the Bombay Prohibition Act, there was no other material before the detaining authority whereby it could be inferred reasonably that the detenue is a 'bootlegger' within the meaning of Section 2[b] of the Act and required to be detained as the detenue's activities are prejudicial to the maintenance of public health and public order. In support of the above submission, learned counsel for the detenue has placed reliance on judgment of the Hon'ble Apex Court in case of Piyush Kantilal Mehta vs. Commissioner of Police, (1989) AIR(Supreme Court) 491, Anil Dey v. State of West Bengal, (1974) AIR(Supreme Court) 832, Angoori Devi v. Union of India, (1989) AIR(Supreme Court) 371 and Darpan Kumar Sharma alias Dharban Kumar Sharma v. State of Tamil Nadu, (2003) AIR(Supreme Court) 971 and the recent judgment dated 28/3/2011 passed by the Division Bench of this Court [Coram : S.K. Mukhopadhyaya, C.J. & J.B. Pardiwala, J.] in Letters Patent Appeal No. 2732 of 2010 in Special Civil Application No. 9492 of 2010 [Aartiben vs. Commissioner of Police] which would squarely help the detenue.

(3.) Learned AGP submitted that registration of FIR would go to show that the detenue had, in fact, indulged into such activities, which can be said to be disturbing the public health and public order and in view of sufficient material before the detaining authority to pass the order of detention, no interference is called for by this Court in exercise of its power under Article 226 of the Constitution of India.