IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5939 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE B.C.PATEL ============================================================ 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 Civil Judge? : NO -------------------------------------------------------------- AKABARKHAN ALIAS BABUKHAN Versus COMMISSIONER OF POLICE -------------------------------------------------------------- Appearance: MR ANIL S DAVE for Petitioner D.N. PATEL AGP for Respondent No. 1, 2, 3 -------------------------------------------------------------- CORAM : MR.JUSTICE B.C.PATEL Date of decision: 03/03/2000 ORAL JUDGEMENT The detenu has filed this petition under Sec. 226 of the Constitution of India as he has been detained by an order Annexure-A dtd.31/7/99 under the provisions of the Gujarat Prevention of Anti-social Activities Act, 1985 (`PASA Act' for short). 2. Grounds of detention produced on record vide Annexure-C dtd. 31/7/99 makes it clear that the detenu was involved in the nefarious activities. He was dealing in the prohibited liquor. On 28/7/99, with the Maruti-car he was found with 515 foreign liquor bottles valued at Rs.60,100/- and for which offence was also registered with Crime Branch, Ahmedabad City, at C.R. NO.5016/99 dtd. 28/7/99 for the offence punishable under Sec.66(b), 65(a)(E), 81, 116 of the Bombay Prohibition Act. It is also indicated that the detenu is a bootlegger. On 22/5/99 as he was found transporting liquor in Scooter. As witness asked not to indulge in such activity, the detenu attacked the said witness and dragged him on the public street, people collected as a result of shouts raised by the witness, the detenu rushed towards the people with a weapon as a result of which, people collected to assist the witness, ran away. There is another incident dtd. 3/6/99. There are witnesses, who have stated that the detenu is indulging in nefarious activities. The witnesses were afraid and therefore they were not willing to disclose their names and addresses, but on assurance that their names and addresses will be kept secret, the witnesses gave statements. The detaining authority was satisfied that the detenu is a bootlegger and is required to be detained and accordingly he was detained. 3. Without going into the legality of the grounds of detention, the petition can be disposed of only on a short ground as there is no compliance of Sec.3(3) of the Act, in para 13, specific ground has been raised which reads as under; "The petitioner respectfully states and submits that the Respondent NO.1 has not sent the report forthwith to the State Government along with the Grounds of Detention under Sec.3(3) of the PASA Act and under the circumstances, there is a clear breach of the statutory provision of the PASA Act and thus, the continued detention of the detenu-petitioner is illegal which requires to be quashed and set aside by this Honourable Court." Neither the Detaining Authority nor the State Government has filed any affidavit to controvert the aforesaid statements made by the detenu in the petition. In absence of affidavit, the statement is required to be accepted, more particularly when the sufficient time is given but the respondents have chosen not to file affidavit. Under the circumstances, the continued detention is bad and illegal and hence the detention order is required to be quashed and set aside and the detention order is hereby quashed and set aside. The petition is allowed. Rule is ;made absolute. ************** rafik