DIPAK CHHOTUBHAI GARGANGE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 2.6.2011 passed by respondent No.2, in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (in short the Act) by detaining the detenue as a bootlegger as defined under Section 2(b) of the Act.

(2.) LEARNED advocate for the detenue submits that registration of FIRs itself cannot lead to disturbance of even tempo of public life and therefore the public order. The order of detention is assailed by the detenue on various grounds mentioned in the memo of the petition. However, learned counsel for the detenue submits that, except FIRs registered under the Bombay Prohibition Act, there was no other material before the detaining authority whereby it could be inferred reasonably that the detenu is a 'bootlegger' within the meaning of Section 2(b) of the Act and required to be detained as the detenue's activities are prejudicial to the maintenance of public health and public order. In support of the above submission, learned counsel for the detenue has placed reliance on judgment of the Apex Court in the case of Piyush Kantilal Mehta vs. Commissioner of police, AIR 1989 Supreme Court 491 and the recent judgment dated 28.3.2011 passed by the Division Bench of this Court [Coram: S.K. Mukhopadhaya C.J. & J.B. Pardiwala, J].] in Letters Patent Appeal No2732 of 2010 in Special Civil Application No.9492 of 2010 (Aartiben vs. Commissioner of Police) which would squarely help the detenue.

(3.) IN the result, this Special Civil Application is allowed. The order of detention dated 2.6.2011 is hereby quashed and set aside. The detenue, is ordered to be set at liberty forthwith if he is not required in connection with any other case. Rule is made absolute accordingly. Direct service is permitted.