KAJALBEN G SINDHI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This appeal is filed against dismissal of SCA No. 2480 of 1999 by the learned Single Judge on 18/08/1999. The appellant was the original petitioner. In exercise of the powers under Section 3 of the Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as "the Act"),the detenu was detained on 10/01/1999 by the Commissioner of Police, Ahmedabad stating therein that with a view to preventing him from acting in a manner prejudicial to maintenance of public order, he was required to be detained.

(2.) On the same day, grounds of detention were supplied to the detenu inter alia alleging therein that he can be termed as "bootlegger" as contemplated by Section 2 (b) of the Act. Against him, three cases were registered on 23/04/199 8/05/1998 and 17/05/1998. It appears that two statements were also recorded on 7/01/1999 and 8/01/1999 respectively. The first witness stated that on 1/12/1998 at about 4 p.m., when he was at his residence, the detenu in the company of his associates came there and asked the witness to keep the liquor in his house. On refusal by the witness, the detenu got excited and attacked him. On the shout by the witness, a number of persons from the nearby locality came there but the detenu threatened them by point of knife stating that if they would come to rescue the witness, they would also be beaten. It resulted into panic in the nearby vicinity. Even tempo of life was also disturbed.

(3.) The second witness stated that on 20/12/1998, at about 8 a.m., he was passing from Chandrabhanu cinema. At that time, the detenu stopped him and alleged that he was police informer and was supplying information to the police regarding activities of the detenu.Detenu then started beating him and on shout by the witness, several persons assembled there , but they were also threatened by the detenu . Even tempo of life was disturbed. It also affected public order.