IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5457 of 1996 For Approval and Signature: Hon'ble MR.JUSTICE M.R.CALLA ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the Reporter or not? 3. Whether Their Lordships wish to see the fair copy of the judgement? 4. Whether this case involves a substantial question 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? -------------------------------------------------------------- JAGDISHBHAI SHANKERBHAI PATEL Versus COMMISSIONER OF POLICE -------------------------------------------------------------- Appearance: MR ANIL S DAVE for Petitioner MR. NIGAM SHUKLA, Addl. G.P. for the respondents. -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA Date of decision: 06/11/96 ORAL JUDGEMENT This Special Civil Application is directed against the order dated 16.5.1996 passed by the Police Commissioner, Baroda, detaining the petitioner under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985. The detention order was executed on 16.5.1996 and since then the petitioner is under detention lodged at Porbandar Special Jail, Porbandar. This Special Civil Application was filed on 24.7.1996 and on 25.7.1996 rule returnable for 23.8.1996 was issued. So far neither any reply has been filed nor affidavit of the detaining authority has been filed. The grounds of detention enclosed with the detention order show that three criminal cases under the Bombay Prohibition Act were registered against the petitioner. Besides this, the detaining authority has also taken into consideration the statements made by three witnesses made against the petitioner's anti-social activities. The petitioner has been beating innocent people and openly moving with arms. The petitioner has been detained as a bootlegger. The detention order has been challenged on more than one grounds but the arguments have been kept confined on the question that no case of breach of public order is made out. In view of the reasons given in the judgement dated 4.10.1996 in Special Civil Application No. 3879 of 1996 it is clear that the allegations and the material relied upon by the detaining authority do not constitute a case of breach of public order and at the most it is a case of breach of law and order. The detention order deserves to be set aside on this ground alone. Accordingly, the Special Civil Application is allowed and the impugned detention order dated 16.5.1996 passed by the Police Commissioner, Baroda City, is hereby quashed and set aside and the petitioner's detention is declared to be illegal. The respondents are directed to release the petitioner and set him at liberty forthwith, if not required in any other case. Rule is made absolute. 00000 pkn