SURTIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The detenu Surtiben wd/o Nandubhai Ravjibhai Rathod (Chhara) came to be detained on 29.7.2010 pursuant to the order dated 29.7.2010 passed by the Police Commissioner, Ahmedabad City on basis of material placed before him. The detaining authority took into consideration multiple offences registered against the petitioner under the Bombay Prohibition Act (hereinafter referred to as "the Act"). The authority also recorded in its reasons that the activity of the detenu was detrimental to public health and public order and it was not possible to deter him from the activities by following the regular procedure of law.

(2.) It is contended that there is no material with the detaining authority to record the satisfaction that the activity of the petitioner was detrimental to public health or public order. The material seized is not shown by any test to be detrimental to public health and therefore also, the order gets vitiated.

(3.) Learned AGP has opposed this petition.