- (1.) LEARNED advocate for the petitioner prays to amend the cause -title. Permission is granted to do so forthwith. Perused the petition, materials supplied to the detenu, detention order and affidavit -in -reply filed by the detaining authority and heard learned advocate Mr.H.B. Raval for Ms.H.V. Patel, learned counsel for the petitioner and learned A.G.P. Ms.Jyoti Bhatt for the respondent -State.
(2.) THIS petition under z 226 of the Constitution of India is directed against the order of detention dated 31.8.2013 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. 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 one offence registered against the detenu before the concerned police station vide C.R. No.253 of 2013 for the offences punishable under Sections 66(b), 65(a)(e), 116(b) and 81 of Prohibition Act 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. 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.
(3.) LEARNED A.G.P. for the respondent -State supported the detention order passed by the authority and submitted that sufficient material and evidence was found during the course of investigation, which was also supplied to the detenue, indicating that the detenue is in the habit of indulging into activities as defined under Section 2(b) of the Act and, considering the facts of the case, the detaining authority has rightly passed the order of detention and the detention order deserves to be upheld by this Court. For such submission, the learned A.G.P. took me through the grounds upon which detaining authority satisfied to detain the petitioner.;