BHUPAT ALIAS ISHWARBHAI KAHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the dismissal of Special Civil Application No. 1215 of 1999 by the learned single Judge on August 16, 1999.

(2.) The appellant was the original petitioner. He was detained under the Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "the Act").

(3.) The detaining authority-Commissioner of Police, Baroda City was satisfied that with preventing the detenu from acting in a manner prejudicial to the maintenance of public order, it was necessary to detain the detenu, and hence, by an order dated December 17, 1998 the appellant was ordered to be detained. On the same day, grounds of detention were supplied, inter alia, alleging therein that the detenu was a "bootlegger" within the meaning of Sec. 2(b) of the Act and his activities were found to be prejudicial to the maintenance of public order. Three offences punishable under Bombay Prohibition Act were also registered against the detenu. In each of those cases, the detenu was found to be in possession of country liquor. Moreover, three individuals, on assurance of anonymity, gave statements in respect of anti-social activities of the detenu and its adverse effect on public order. On those grounds, an order of detention was passed.