IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 3983 of 2004 with CIVIL APPLICATION No 5439 of 2004 For Approval and Signature: HON'BLE MR.JUSTICE P.B.MAJMUDAR ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- GOVINDDAS KARSANDAS THAKKAR (LUVANA) Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 3983 of 2004 M/S THAKKAR ASSOC. for Petitioner No. 1 MS AC RAVAL, AGP for Respondent No. 1-3 RULE SERVED for Respondent No. 1-2 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE P.B.MAJMUDAR Date of decision: 19/08/2004 ORAL JUDGEMENT By filing this petition, the petitioner-detenu has challenged his detention order dated 08-03-2004. By the said order, the petitioner is detained as a "bootlegger" under PASA. Along with the order of detention, petitioner is also served with the grounds of detention. In the grounds of detention, there is a reference about one criminal case pending against the petitioner. The said case is registered as Gunah Register No.2628/2003 under the Bombay Prohibition Act. After considering aforesaid case, the detaining authority has passed the order of detention, which is challenged by the petitioner on various grounds. 2) Learned advocate for the petitioner submitted that the detaining authority has not recorded statements of witnesses and only on the basis of solitary case, the petitioner is detained under PASA. It is also submitted by him that there is only solitary case registered against the petitioner and considering the same, it cannot be said that the petitioner is a habitual offender. It is further submitted that considering the said case, it cannot be said that the petitioner has violated public order and at the most it can be said that law and order is violated by the petitioner. To substantiate his say, learned advocate for the petitioner has relied upon the judgement of this Court in Sandip Omprakash Gupta Vs. State of Gujarat and others, reported in 2004 (1) GLR 864, wherein this Court has observed that a solitary offence under the Bombay Prohibition Act was registered against the detenu and the authority relied on two other unregistered offences based on statements of certain witnesses and, therefore, a learned Single Judge of this Court held, on facts, that the detenu could have been dealt with under the ordinary criminal law. The order of detention passed therein, treating the petitioner as a bootlegger, is set aside. Since I am bound by the view taken by the learned Single Judge, in view of the aforesaid ground about solitary incident of a registered case under the Bombay Prohibition Act, which can be taken care under the criminal law, this petition is required to be allowed. 3) At this stage, it is pointed out by learned advocate for the petitioner that the petitioner is in Jamnagar District Jail, therefore, writ of this order may also be sent to Jamnagar District Jail. Considering the request of learned advocate for the petitioner, office may also send writ of this order to Jamnagar District Jail. 4) In view of what is stated above, this petition is allowed. The order of detention dated 08-03-2004 is quashed and set aside. The detenu, Govinddas Karsandas Thakkar (Luvana) is ordered to be set at liberty forthwith, if he is not required in connection with any other case. Rule is made absolute. 5) In view of above order in main matter, no order on Civil Application, accordingly, Civil Application No.5439/2004 is disposed of. (P.B.Majmudar,J.) /malek