POPAT MOHAN VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has been detained under the provisions of Gujarat Prevention of Anti-Social Activities Act 1985 (for short PASA) pursuant to the order dated 4/04/1988 passed by the Commissioner of Police Ahmedabad. On the same date i. e. on 4-4-1988 he has been served With the grounds of detention and other relevant papers.

(2.) It is alleged that the petitioner-detenu was dealing in illicit country liquor by Storing the same and selling the same to the people either directly or through his servants. That he was carrying on this activity in Dariapur and Mehdikuva localities of the City of Ahmedabad. That there Were six criminal Cases against him under the provisions of Bombay Prohibitions ACt. In one Case the quantity of Country liquor seized was 375 m.1. In another case it was 10 litres and in three other cases the CoUntry liquor seized was 80 litres 9 litres and 10 litres respectively. In one case he Was found drunk and he was convicted for the said offence. Other cases are either pending before the Court or they are under investigation. It was also alleged that for carrying on the aforesaid activities of storing and selling the illicit liquor he was threatening the people and was at times beating them in public. On account of such activities in the opinion of the detaining authority the public life and property was endangered and his activities adversely affected the maintenance of the public order.

(3.) Statements of five persons were recorded and the copies thereof were supplied to the petitioner. Since the witnesses were afraid of giving their names and addresses and since the detaining authority was satisfied that it was not in the public interest to disclose the names and addresses of the witnesses the same have not been disclosed. As per the statements of the witnesses each of the witness has referred to some incident in which the detenu and his men were involved in threatening the people or beating the people and on account of which the ordinary life of the people in that locality was disturbed.