IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 8648 of 2000 For Approval and Signature: Hon'ble MR.JUSTICE M.R.CALLA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgement? 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 -------------------------------------------------------------- SURESHBHAI GOPALBHAI PANCHAL Versus COMMISSIONER OF POLICE -------------------------------------------------------------- Appearance: MR ANIL S DAVE for Petitioner MS HARSHA DEVANI, ld.AGP for Respondents -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA Date of decision: 13/10/2000 ORAL JUDGEMENT This Special Civil Application is directed against the detention order dated 17th June 2000 passed by the Police Commissioner, Surat City, detaining the petitioner under the provisions of the Gujarat Prevention of Anti Social Activities Act, 1985. The petitioner was committed to Junagadh District Jail and is detained thereat since 17th June 2000. No reply to the petition has been filed. The grounds enclosed with the detention order show that a criminal case under the Bombay Prohibition Act was registered against the petitioner being CR No.216 of 2000 at Kapodra Police Station on 18th April 2000. He was arrested on 18th April 2000 itself in the said criminal case. It is pointed out by the learned Counsel for the petitioner that he was released on bail subsequently. The detaining authority has mentioned about the criminal and anti social activities of the petitioner; also referred to the incidents dated 20th March 2000 and 17th February 2000 about which the depositions have been made by the witnesses bringing out the petitioner's anti social activities and his dealings in foreign liquor. The detaining authority has found the petitioner's bootlegging activities and other violent activities as as threat to the public order. With regard to these incidents, the statements were recorded on 12th May 2000; the same were verified on 12th May 2000 and the detention order was passed on 17th June 2000. All the activities as have been narrated in the detention order by the detaining authority and the allegations against him in the criminal case as also the depositions made by the witnesses, even if taken to be true, do not constitute a case of breach of public order against the petitioner and at the most, it may constitute a case of breach of law and order. For the reasons as aforesaid, the impugned detention order dated 17th June 2000 passed against the petitioner by the Police Commissioner, Surat City, Surat cannot be sustained in the eye of law. The same is hereby quashed and set aside. It is directed that the petitioner, Sureshbhai Gopalbhai Panchal detained at District Jail, Junagadh be released forthwith if not required in any other case. This Special Civil Application is allowed. Rule is made absolute. (M.R. Calla, J.) Sreeram.