RAVINDRA KAUTIK PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is a detenu who came to be detained under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA Act for short) by virtue of an order passed by Commissioner of Police, Surat City, Surat on 17-3-1999 in exercise of powers under Section 3(1) of the PASA Act.

(2.) The petitioner challenges the detention on various grounds. The first ground is that there is non application of mind by the detaining authority. The detaining authority in the grounds of detention has considered that resorting to cancellation of bail is not possible as it may take time. Another contention that is raised is that the case against the petitioner is of bootlegging in foreign made liquor and therefore there is no question of disturbance to any public order as it is not likely to affect public health. The last contention that is raised is the delay in passing of the order. It has been contended that the statements of two witnesses came to be recorded on 26th and 2 7/02/1999 and the order of detention was passed on 17/03/1999 after verifying the statements on 1 5/03/1999, therefore there is a delay of 17 days in passing the order.

(3.) Mr. S.A.Shah learned advocate appearing for the petitioner submitted that the detaining authority has not taken into consideration that resorting to cancellation of bail was not an available alternative less drastic remedy since this could be availed only if the detenu has committed any breach of the condition imposed while admitting him to bail or his involvement in any other crime. Since only one case is registered and since it is not the case of the detaining authority that he has committed any breach of the conditions imposed by the court while admitting him to bail, there was no question of cancellation of bail and therefore the order suffers from the defect of non application of mind.