C/SCA/16295/2014 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 16295 of 2014 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE [ENTITY] 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the [ACT] or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? [ENTITY] THROUGH HIS COUSIN Versus STATE OF GUJARAT & 2 Appearance: MR MR [ENTITY], ADVOCATE for the Petitioner MR [ENTITY] AGP for the Respondents CORAM: HONOURABLE MR.JUSTICE [ENTITY] Date : 24/11/2014 ORAL JUDGMENT
C/SCA/16295/2014 JUDGMENT [1] This petition is directed against the order of detention dated
05.08.2014 passed by concerned respondent , in exercise of powers conferred under [SECTION] / [SECTION] of the [ACT] [for short 'the Act'] by detaining the detenue as a "bootlegger" as defined under [SECTION] of the Act.
[2] Heard learned advocates appearing on behalf of the respective parties.
[3] Learned advocate for the detenue submits registration of three offences itself cannot lead to disturbance of even tempo of public life and, therefore, the public order. He further submits that, except FIR/s registered under the [ACT], there was no other material before the detaining authority whereby it could be inferred reasonably that the detenue is a 'bootlegger' within the meaning of [SECTION] of the Act and required to be detained as the detenue's activities are prejudicial to the maintenance of public health and public order. In support of the above submission, learned counsel for the detenue has placed reliance on judgment of the Hon'ble Apex Court in the case of [PRECEDENT], [PRECEDENT], Smt. [PRECEDENT] and [PRECEDENT] and the recent judgment dated 28/3/2011 passed by the Division Bench of this Court [Coram : [ENTITY], C.J. & [ENTITY], J.] in [CASE NUMBER] in Special Civil Application No. 9492 of 2010 [[PRECEDENT]] which would squarely help the detenue.
[4] Learned AGP submitted that registration of FIR/s would go to show that the detenue had, in fact, indulged into such activities, which can be said to be disturbing the public health and public order and in view of sufficient material before the detaining authority to pass the order of detention, no interference is called for by this Court in exercise of its power under [SECTION] of the [ACT].
C/SCA/16295/2014 JUDGMENT [5] Having heard the rival submissions of the parties and perused the
record of the case, I am of the view that three offences FIRs registered under the [ACT] alone cannot be said to be sufficient enough to arrive at subjective satisfaction to the effect that the activities, as alleged, are prejudicial to the public order or lead to disturbance of public order. There has to be nexus and link for such activities with disturbance of the public order. On careful perusal of the material available on record and the ratio laid down by the Apex Court in above cited cases and the recent judgment dated 28/3/2011 passed by the Division Bench of this Court in [CASE NUMBER], I am of the view that the activities of the detenue cannot be said to be in any manner prejudicial to the public order and, therefore, the order of detention passed by the detaining authority cannot be sustained and is required to be quashed and set aside.
[6] In the result, the petition is allowed. The order of detention dated 05.08.2014 passed by the respondent - authority is quashed and set aside. The detenue is ordered to be set at liberty forthwith if not required in connection with any other case. Rule is made absolute accordingly. Direct service is permitted.
([ENTITY], J.) vijay