IRFAN NIZAMUDDIN VHORA Vs. COMMISSIONER OF POLICE AHMEDABAD CITY
LAWS(GJH)-2016-5-2
HIGH COURT OF GUJARAT
Decided on May 02,2016

Irfan Nizamuddin Vhora Appellant
VERSUS
COMMISSIONER OF POLICE AHMEDABAD CITY Respondents

JUDGEMENT

- (1.) Perused the petition, materials supplied to the detenu, detention order and heard learned advocate Mr. Sanjay Prajapati for the petitioner and learned A.G.P. Mr. V. R. Jani for the respondent - State. 1.1 The respondent - State has not filed affidavit -in -reply. Therefore, averments and contentions raised in the petition remains unchallenged and un -controverted.
(2.) This petition under Article 226 of the Constitution of India is directed against the order of detention dated 8.2.2016 passed by the respondent authority in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short the Act) by detaining the detenue as a "bootlegger" as defined under Section 2(b) of the Act.
(3.) Learned advocate for the detenue submits that order of detention impugned in this petition deserves to be quashed and set aside on the ground that two offences registered against the detenu before Rakhial and Vatva Police Stations respectively vide Prohibition C.R. No.5155 of 2015 and Prohibition C.R. No.5029 of 2016 for the offences punishable under Sections 66(1)(b), 65(a)(e), 116(2) and 81 of Prohibition Act are not of such magnitude and intensity as to have the effect of disturbing the public order so as to pass an order under Section 3(1) of the PASA Act. Learned advocate for the petitioner has further submitted that the detaining authority has not applied its mind to the vital facts and there was non -application of mind before recording the order of detention.;


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