DILIPBHAI DEVSIBHAI VAGRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This writ petition under Art. 226 of the Constitution of India in the nature of writ of certiorari has prayed for quashing the order dated 22-2-1998 passed by the Commissioner of Police. Rajkot City detaining the petitioner under the Gujarat Prevention of Anti-Social Activities Act. 1985 (for short 'PASA') and further praying for writ of habeas corpus directing immediate release of the petitioner from illegal detention.

(2.) . Brief facts are that the Detaining Authority on 22-2-1998 passed an order of detention contained in Annexure A and simultaneously furnished to the petitioner grounds of detention contained in Annexure B. It is revealed from the grounds of detention that in the first place the petitioner is carrying on illegal trade in country- made liquor and has been branded as bootlegger. Four cases under the Prohibition Act were registered against him. He was released on bail in all the cases, still in spite of registration of four cases under the Prohibition Act he continued his illegal activities. The other ground is that other people of the locality became victim of the anti-social activity of the petitioner and because of the ferocious and quarrelsome nature of the petitioner no person of the locality is feeling secured and consequently no one is coming forward to disclose his identity and to depose in public against the activities of the petitioner. The statement of three witnesses were recorded whose details have been given in the grounds of detention. On these grounds the Detaining Authority came to subjective satisfaction that the activities of the petitioner were prejudicial to maintenance of public order.

(3.) . In the grounds of detention the Detaining Authority also took into consideration the possibility of alternative remedy being taken against the petitioner and found that alternative remedies were not effective and as such the impugned order of detention was passed.