IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 6249 of 1999 For Approval and Signature: Hon'ble MR.JUSTICE M.R.CALLA ============================================================ 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 -------------------------------------------------------------- RAMANBHAI LALUBHAI KHALASI Versus COMMISSIONER OF POLICE -------------------------------------------------------------- Appearance: MR NM KAPADIA for Petitioner Mr.H.L.Jani, learned A.G.P. for the respondents -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA Date of decision: 18/02/2000 ORAL JUDGEMENT This Special Civil Application is filed by the detenu through her husband. This petition is directed against the detention order dt.9.7.99 passed by the Police Commissioner, Surat City. The detenu was directed to be lodged at Central Jail, Sabarmati, Ahmedabad by order dt.9.7.99 as was passed by the Police Commissioner, Surat City. The grounds of detention enclosed with the detention order show that petitioner is engaged in the business of manufacturing country made liquor which is prohibited under the law. There are 3 criminal cases against her during the period 1998-99 i.e. 3.5.98, 29.6.98 and 31.3.99 under the Prohibition Act.For these three cases, the quantity of the liquor involved is 192, 200 and 146 Lits. The allegations are also there that she threatened the witnesses on 16.5.99 and 21.6.99 to store the injurious liquor with them. The learned counsel for the petitioner has argued that this is not at all a case of breach of public order and the learned A.G.P. has failed to show as to how the allegations levelled against the petitioner, in the ground of detention, even if taken to be true, constitute a case of breach of public order. The detention order was confirmed by the Board on 9.8.99 and her representation was rejected on 11.1.2000. This Court finds that there is absolutely no case of breach of public order. The allegations on their face value, even if taken to be true, may at the most constitute a case of breach of law and order. It is not sufficient to warrant detention under Gujarat Prevention of Anti Social Activities Act, 1985. Accordingly the detention order dt.9.7.99 passed by the Police Commissioner, Surat City therefore, cannot be sustained in the eye of law. The same is hereby quashed and set aside. It is directed that the detenu shall be released forthwith if not required to be detained otherwise under any other detention order or in any other criminal case.This Special Civil Application is allowed. Rule is made absolute. -0-