BABANSING BIHARILAL BHAIYA Vs. THE COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner has been detained under the provisions of the Gujarat Prevention of Anti Social Activities Act, 1985 ('PASA' for short) as per order dated January 21, 1988 passed by Commissioner of Police, Surat. In the grounds of detention furnished to the detenu it was alleged against the petitioner that has was a bootlegger and was engaged in following activities :

(2.) Fifteen prohibition cases which have been registered against the petitioner-detenu have also been mentioned in the grounds of detention. These offences are of the period between March 31, 1986 and June 7, 1987. In each of the cases large quantity of liquor has been seized. In each of the case place of offence is near the liquor dens of the detenu. In two cases 100 litres of liquor was seized and in one case 120 liters of liquor was seized. In other cases the quantity of liquor seized varied from 10 to 50 litres. It may be noted that in all there were fifteen such cases. In view of the aforesaid activities of the petitioner-detenu the detaining authority was satisfied that the petitioner was a bootlegger as defined under the provisions of PASA and his activity was adversely affecting the maintenance of public order, and with a view to preventing him from acting in that manner it was necessary to detain him. Hence the order of detention as mentioned hereinabove.

(3.) It may be realised that the detention is made with an object to prevent the petitioner from acting as bootlegger and preventing him from acting in any manner adversely affecting public order. However, the object cannot be equated with the grounds of detention. The grounds of detention under Article 22(5) of the Constitution mean factual inferences as well as the factual material which led to such factual inferences. In the case of State of Gujarat v. Chamanlal Manjibhai Soni, AIR 1981 SC 1480 , this aspect has been elaborately stated by the Supreme Court in the following words :