RAMLABEN RAMESH PATEL Vs. L R GARG

JUDGEMENT

(1.) THE wife of the Detenu, who has filed the present petition, is seeking release of the Detenu who has been detained under the provisions of Gujarat Prevention of Antisocial Activities Act, 1985, as applicable to the Union Territory of Dadra and Nagar Haveli. THE Detention Order is dated 1st May, 1999 and he came to be detained on that very day. Usual process of confirmation, opinion of Advisory Board and further confirmation have been gone through between 4th May, 1999 and 5th June, 1999 and, on this score, therefore, there is no grievance.

(2.) THE grievance is confined to the fact that the impugned detention order Exhibit - A, Page -19 read along with the Grounds of Detention Order, Exhibit - B, Page 20 onwards, is vitiated because the subjective satisfaction is based on non-existent material.

(3.) THE material placed for our appreciation on record for the very stand taken by Ld. counsel for the Respondents who has stated that like the previous matter in the instant case also with regard to the feeling of alarm and insecurity of wide spread danger from public health point of view, there is no material on record. In fact, according to Ld. counsel for the Respondents, the ground should be read as per paragraph 3 as under: " I am subjectively satisfied that you are a bootlegger and thereby a perpetual danger to the society at large. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Thus, your activities are prejudicial to the maintenance of public order in Silvassa. "