ASHISHBHAI KANTIBHAI CHAUHAN Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS petition is directed against the order of detention dated 06.02.2012 passed by respondent No.1, in exercise of powers conferred under Section 3(1) / 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 FIR/s itself cannot lead to disturbance of even tempo of public life and therefore the public order. He further submits that, except FIR/s 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, the petition is allowed. The order of detention dated 06.02.2012 passed by the respondent No.1 is quashed and set aside. The detenue, is ordered to be set at liberty forthwith if not required in connection with any other case. Rule is made absolute accordingly. Direct service is permitted.