IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 74 of 2002 For Approval and Signature: Hon'ble MR.JUSTICE A.L.DAVE ============================================================ 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 -------------------------------------------------------------- BACHUJI SHIVSING ZALA (THAKOR) Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 74 of 2002 MR HR PRAJAPATI for Petitioner No. 1 MR MR PRAJAPATI for Petitioner No. 1 MR DP JOSHI, AGP, for Respondents No. 1-3 -------------------------------------------------------------- CORAM : MR.JUSTICE A.L.DAVE Date of decision: 13/02/2002 ORAL JUDGEMENT 1. District Magistrate, Banaskantha, at Palanpur, passed an order on the 3rd December, 2001, in exercise of powers under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 ("PASA Act" for short), detaining the petitioner under the provisions of the said Act. 2. The detaining authority took into consideration six registered offences against the petitioner and branded him as a bootlegger. The detaining authority observed that the petitioner is required to be immediately prevented from pursuing his activities, which are detrimental to public order. The authority also considered the possibility of resorting to less drastic remedies and came to a conclusion that detention under PASA Act is the only remedy that can be resorted to. 3. Learned advocate for the petitioner, Mr. Prajapati, assails this order on the ground that the last offence relates to 9.9.2001 and the order is dated the 3rd December, 2001 and, therefore, there is no livelink. He submitted that the delay in passing the order of detention has vitiated the order of detention and, therefore, the petition may be allowed. 4. Mr. D.P. Joshi, learned Assistant Government Pleader, has opposed this petition. 5. There is no dispute about the factual aspects. The last offence registered against the petitioner relates to 9.9.2001 and, therefore, is a stale incident which cannot form a valid ground for detention as there is no livelink between the activities of the detenu and the order of detention. Hence, this petition deserves to be allowed. 6. In the result, the petition is allowed. The impugned order of detention dated the 3rd December, 2001, passed against the detenu is hereby quashed and set aside. The detenu-Bachuji Shivsing Zala (Thakor) is ordered to be set at liberty forthwith, if not required in any other case. Rule is made absolute with no orders as to costs. 7. Direct service is permitted. [ A.L. DAVE, J. ] gt