NILESH VRAJLAL SHETH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) HEARD learned Counsels for the parties.

(2.) THIS petition is directed against the order of detention dated 22.10.2010 passed by the respondent No.1 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.) HAVING heard learned Counsels for the parties and considering the facts and circumstances of the case, it appears that the subjective satisfaction arrived at by the detaining authority cannot be said to be legal, valid and in accordance with law inasmuch as the offences alleged in the solitary FIR cannot have any bearing on the public order since the law of the land i.e. Indian Penal Code and other relevant penal laws are sufficient enough to take care of the situation and that the allegations as have been levelled against the detenue cannot be said to be germane for the purpose of bringing the detenue within the meaning of Section 2(b) of the Act unless and until the material is there to make out a case that the person concerned has become a threat and a menace to the society so as to disturb the whole tempo of the society and that the whole social apparatus is in peril disturbing the public order at the instance of such person. In view of the ratio laid down by the HONOURABLE Supreme Court in the decisions cited by the learned counsel for the petitioner, the Court is of the opinion that the activities of the detenue cannot be said to be dangerous to the maintenance of the public order and at the most fall under the maintenance of ?law and order?.