IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5836 of 1998 For Approval and Signature: Hon'ble MR.JUSTICE N.N.MATHUR ============================================================ 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? -------------------------------------------------------------- GANPATI HIRAJI RATHOD Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MR HR PRAJAPATI for Petitioner MR. S.J. DAVE, AGP, for Respondent No. 1, 2, 3 -------------------------------------------------------------- CORAM : MR.JUSTICE N.N.MATHUR Date of decision: 21/09/98 ORAL JUDGEMENT The petitioner has been detained under the provisions of Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as `the PASA Act') by the order dated 24.2.1998 passed by the Police Commissioner, Ahmedabad City. It is alleged that the petitioner is a bootlegger and some cases under the provisions of Bombay Prohibition Act, 1949, have been registered against him. It is now well settled that unless the activities of a person as bootlegger have disturbed the maintenance of public order, he cannot be detained under the Act. Reliance is placed on a decision in the case of PIYUSH KANTILAL MEHTA VS. COMMISSIONER OF POLICE, AHMEDABAD & ORS. reported in AIR 1989 SC 491. In the instant case there is nothing to indicate that the petitioner has indulged in any criminal activities as a bootlegger which has affected or likely to affect maintenace of public order. Thus, in my view, the impugned order of detention is ex-facie illegal and the same cannot be sustained. 2. In view of the aforesaid, the Special Civil Application is allowed. The order of detention dated 24.2.1998 passed by the Police Commissioner, Ahmedabad City, is quashed and set aside. The detenu shall be released forthwith if not required in any other case. Rule made absolute accordingly. 00000 [pkn]