SCA/22613/2005 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 22613 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE P.B.MAJMUDAR ========================================================= 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 constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= JALIBEN W/O. GOVABHAI ALIAS GOVINDBHAI MANGALBHAI VAGHRI - Petitioner(s) Versus COMMISSIONER OF POLICE AHMEDABAD & 2 - Respondent(s) ========================================================= Appearance : MS DR KACHHAVAH for Petitioner(s) : 1,MR KAMLESH KACHHAVAH for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1 - 2. Mr. N.D. Gohil, ASST. GOVERNMENT PLEADER for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE P.B.MAJMUDAR Date : 13/06/2006 ORAL JUDGMENT By filing this petition, the petitioner-detenu has challenged her detention order dated 8.11.2005 by SCA/22613/2005 2/3 JUDGMENT which she is detained as a bootlegger under The Gujarat Prevention of Anti-Social Activities Act, 1985 [hereinafter referred to as PASA Act]. In the grounds of detention, there is a reference of two pending criminal cases against the petitioner wherein it is alleged that the petitioner is dealing in country liquor. Learned advocate for the petitioner submitted that except two pending criminal cases, there is no other material for coming to the conclusion that the activities of the petitioner is prejudicial to public order or even tempo of public is disturbed by the said activities. It is submitted that at the most it can be said that the petitioner has violated law and order, and not public order. It is not in dispute that except two pending criminal cases, there is neither statement of any witnesses nor any documents on the record to suggest that the said activities of the petitioner prejudicially affect public health or that by the said activities, the even tempo of public is disturbed. The offence registered against the petitioner are under the Bombay Prohibition Act. In that view of the matter, the criminal cases registered against the petitioner can be said to be disturbing the law and order situation, but it cannot be said that public order is disturbed. In the result, the petition is allowed. Order of detention passed against the detenu dated 9-11-2005 SCA/22613/2005 3/3 JUDGMENT is quashed and set aside. The detenu – Jaliben w/o Govabhai @ Govindbhai Mangalbhai Vaghri, is ordered to be released forthwith unless she is required in connection with any other offence. Rule is made absolute, with no order as to costs. [P. B. MAJMUDAR, J.] mathew