- (1.)HEARD Mr.H.S.Mulia for the petitioner and learned A.G.P. Mr.U.H.Oza for the respondents.
(2.)BY way of the the present petition, the petitioner -detenu has challenged the legality and validity of the order of detention dated 4 -12 -2007 passed by the Police Commissioner, Surat City,in exercise of powers under the provisions of the Gujarat Prevention of Anti -Social Activities Act, 1985( for short "the Act").
(3.)THE petitioner -detenu is branded as a " bootlegger" within the meaning of Sec.2 (b) of the Act as he was found involved in offences under the Bombay Prohibition Act by engaging in the transportation and illegal sale and distribution of prohibited foreign liquor. While passing the order of detention the detaining authority has mainly considered the fact of registration of a single offence punishable under Sections 66(1)B, 65EA, 81 and 116(1)(B) of the Bombay Prohibition Act registered as CR no.918 of 2007 and the statement of the accused in the prohibition case. The learned Advocate for the petitioner -detenu has assailed the order under challenge on various grounds. However,this petition is capable of being disposed of on the sole ground as to whether there was credible material placed before the detaining authority to come to the conclusion that by the activities of the petitioner, public order was disturbed or that public health was disturbed adversely.
To reach to the subjective satisfaction that bootlegging activities of the petitioner were prejudicial to the maintenance of public order and public health, the detaining authority must rely upon credible and cogent material that the activities of the petitioner directly or indirectly were causing or were likely to cause any harm danger or alarm or feeling of insecurity among the general public or any section thereof or a grave or widespread danger to life, property or the public health. While undertaking this exercise, the detaining authority must draw a clear line between the cases falling within breach of law and order and breach of public order.