IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 7379 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? -------------------------------------------------------------- ASHOKBHAI JAIRAMBHAI CHHARA Versus DISTRICT MAGISTRATE -------------------------------------------------------------- Appearance: MR NM KAPADIA for Petitioner MR. NIGAM SHUKLA, Addl. G.P. for the respondents. -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA Date of decision: 08/11/96 ORAL JUDGEMENT This Special Civil Application has been filed by son of the detenu. This Special Civil Application is directed against the order dated 29.8.1996 passed by the District Magistrate, Ahmedabad whereby the detenu-Kantaben Jairambhai Chhara has been detained under the Gujarat Prevention of Anti Social Activities Act, 1985. The detenu is under detention lodged at District Jail, Rajkot. This Special Civil Application was filed on 27.9.1996 and on 30.9.1996 rule returnable for 22.10.1996 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 five criminal cases under the Prohibition Act were registered against the detenu. Besides this, the detaining authority has also taken into consideration the statements made by several witnesses against the detenu's anti-social activities. The detenu has been found to be engaged in the unauthorised business of liquor and looking to the activities, she has been detained as a bootlegger. The detention order has been challenged on more than one grounds but the learned counsel has stressed 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 material relied upon by the detaining authority against the detenu do not constitute a case of breach of public order. It is at the most 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 29.8.1996 passed by the District Magistrate, Ahmedabad is hereby quashed and set aside and the detention is declared to be illegal. The respondents are directed to release the detenu Kantaben Jairambai Chhara and set her at liberty forthwith, if not required in any other case. Rule is made absolute. 00000 pkn