SHANKARBHAI GOKALBHAI VAGHARI Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The prayer of the petitioner in this writ petition is for issuing writ of certiorary quashing the detention order of the petitioner passed by the detaining Authority on 10th March 1998 and writ in the nature of Habeas Corpus directing immediate release of the petitioner from illegal detention.

(2.) Brief facts are that six cases under the Prohibition Act were registered against the petitioner. Still he continued in his illegal activity of distilling, storing, selling and transporting indigenous country made liquor and threatening the witnesses whosoever caused obstruction in the activities of the petitioner. It was also brought to the notice of detaining Authority that the petitioner was discharging affluent of his distillery in the canal as well as in the pond of concerned village Gutal as a result of which the crops of the farmer used to be damaged and the cattle were also taking harmful water causing danger to their health. The detaining Authority considered all the material placed before him. He also considered alternative remedies under Section 93 of the Prohibition Act and Sections 56(B) and 57(G) of the Bombay Police Act and found that these remedies were ineffective to prevent illegal and anti-social activities of the petitioner. Consequently the detention order under Section 3(2) of the Prevention of Anti-social Activities Act 1985 (for short "PASA Act") was passed by the Detaining Authority. The grounds of detention were furnished to the petitioner.

(3.) The order of detention has been challenged by the learned Counsel for the petitioner on several grounds. The first is that the activities of the petitioner do not amount to disturbance of public order. The next ground is that there was delay in passing the detention order and as such it has been rendered invalid. Another ground is that the petitioner is patient of T.B. The last ground has been that the representation of the petitioner sent through his Counsel was not considered by the State Government which has rendered his detention as well as continued detention illegal.