LAWS(GJH)-2020-12-983

SUMITRABEN DHANSUKHBHAI MAGANBHAI PATEL Vs. STATE OF GUJARAT

Decided On December 04, 2020
Sumitraben Dhansukhbhai Maganbhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This petition is preferred under Article 226 of the Constitution of India, challenging the order of detention dt.07/08/2020 with following prayers:

(2.) The petitioner has challenged the order of detention dated 07.08.2020 passed under the provisions of Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as PASA) on the ground of the same being of violative of Article 21 and 22 of the Constitution of India as also being contrary to the principles of natural justice. The petitioner has been supplied the grounds of detention and the material which has been relied upon by the respondent no.2 on arriving at subjective satisfaction for detaining the Petitioner under the said law.

(3.) It is apparent from the order impugned that on the basis of prohibition case registered at Hajira Police Station C part no.11200001200081 under the provisions of Sections 65(a)(e), 81,98(2) of the Gujarat Prohibition Act registered on 21.02.2020 , such an order of detention has been passed. He is termed as a 'Bootlegger' whose activity is said to have been affecting the public order and jeopardizing the public health and also disturbs the public tranquility and order.