IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4870 of 2002 For Approval and Signature: Hon'ble MR.JUSTICE C.K.BUCH ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES 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 @ JITENDRA ISHWARBHAI BHAJIWALA Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 4870 of 2002 MR NK MAJMUDAR for Petitioner No. 1 MR HH PATEL Ld. AGP for Respondent No. 1-3 -------------------------------------------------------------- CORAM : MR.JUSTICE C.K.BUCH Date of decision: 08/07/2002 ORAL JUDGEMENT In this petition under Article 226 of the Constitution of India the petitioner-detenu has challenged the legality and validity of the detention order passed by the Police Commissioner, Surat City, dated 24.3.2002 in exercise of powers vested under him by sub-section 3(2) of the Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the PASA Act'). The petitioner has been branded as bootlegger as he was found involved in one criminal case registered with Rander Police Station being CR NO. 45/2002 punishable under the Bombay Prohibition Act. The petitioner was arrested for the offence with co-accused and was found responsible for the prohibited country made foreign liquor in Beer Tin worth Rs. 10,780/ with one auto rickshaw and Mobile Phone was also seized. For recording the subjective satisfaction, the detaining authority has considered the statements of two unnamed witnesses recorded on 15.3.2002. The offence was registered on 12.1.2002. So, it can be said that there were no statements before the sponsoring authority till 15.3.2002. Ld. Counsel has taken me through the memo of petition and the legality and validity of the order of detention is assailed on number of grounds, however, the argument is focussed mainly on two grounds. The first point argued before this Court is that on such a solitary incident, a person cannot be detained or branded as dangerous person. The powers vested with the detaining authority should not be exercised unless it is found that the activities of the proposed detenu is found prejudicial to the maintenance of public order. It is submitted that the similarly situated co-detenu whose Special Civil Application No. 4967 of 2002 has been heard today by this Court and the Court has allowed that petition. So, on that ground of parity also the present petitioner should be set at liberty forthwith without going into the details of other grounds assailing the validity of the order of detention. In the result, this petition is allowed. The impugned order of detention dated 24.3.2002 passed by Police Commissioner, Surat city is hereby quashed and set aside. The detenu is ordered to be set at liberty forthwith, if he is not required to be detained in any other case. Rule is made absolute. Direct service permitted. (C.K. BUCH, J.) mandora/