SHAUKATALI LIYAKATALI SANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This petition is directed against the order of detention dated 02.02.2010 passed by the respondent No.2 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 counsel for the detenue submits that order of detention impugned in this petition deserves to be quashed and set aside on the ground that the solitary incident alleged against the detenue is 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. He has further submitted that the detaining authority has not applied his mind to the vital facts and there was non-application of mind before recording the order of detention. In support of the above contention, the learned Counsel has relied upon the following case-laws : a) Judgment and order dated 22/8/2000 of the Division Bench of this Court (Coram : M.R. Calla & R.R. Tripathi, JJ.), in Letters Patent Appeal No.223 of 2000 in Special Civil Application No.554 of 2000 (Ashok Balabhai Makwana V. State of Gujarat). b) Piyush Kantilal Mehta V. Commission of Police, AIR 1989 Supreme Court 491. c) Om Prakash V. Commissioner of Police and others, JT 1989 (4) SC 177. d) Kanuji S. Zala V. State of Gujarat and others, 1992 (2) GLH 415.