JUDGMENT

B. C. RAY, J. :— The petitioner has questioned in this writ petition the legality and validity of the impugned order of detention made on October 12, 1985 by the respondent No. 1 under sub-s. (1) of Sec. 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 with a view to prevent him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad city. The petitioner was detained by the respondents and was served with the grounds of detention along with the documents mentioned therein on the very day of detention that is, October 12, 1985. The grounds of detention were in Gujarati.

2. The petitioner in the writ petition has stated that he was previously detained under the National Security Act, 1980 S.R.No. PCB/DTN/PASA/37/85 on May 23, 1985 and was released on June 28, 1985. The petitioner had been detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 hereinafter-referred to in short, as PASA Act. The said order was challenged by writ petition before the Gujarat High Court which quashed the same and the petitioner was released from detention. The main thrust of challenge to the impugned order of detention is that the detaining authority in addition to new facts has taken into consideration the earlier two detention orders as well as the grounds of detention referred to therein presumably for the purpose of arriving at his subjective satisfaction that in spite of the earlier detention order which was of course, quashed and set aside the detenu has been persistently continuing his anti-social activities and as such the order of detention was clamped. This has vitiated the impugned order of detention. Other challenges such as non-disclosure of names and addresses of four witnesses whose statements have been mentioned with the grounds of detention and have been served along with the grounds as well as the vagueness of the statements made in the grounds about the alleged criminal activities of the detenu have rendered the order illegal and bad as the petitioner was prevented from making an effective representation against the same.

3. The relevant portion of the grounds are extracted hereunder :-

"You have indulged into anti-social activities by selling, stocking and keeping in possession of yourself or through other persons the English and Deshi liquor of Dariapur area : in this connection the offences under Bombay Prohibition Act, 1949 are registered against you, wherein you were arrested, the details of which is as under:-

S. No Police Station Offence Register No. Section Stock Seized Disposal

1. Dariapur 106/88 Prohibition Act. Ss. 66(3), 65(A), (E), 68, 81, 85(1)(3) 7575ml. English 5Lt. Deshi Liquor. Rs. 1971/-. under investigation

2. Dariapur 120/88 Prohibition Act, Secs. 66(3), 65(A), (E), 68, 81, 85(1)(3). 8640ml. English liquor. Rs. 940/-. under investigation.

3. " 137/88 Prohibition Act, Secs. 66B, 65(E), 81. 3105ml. English liquor. Rs. 940/-. "

4. " 145/88 " 166 bottles. English liquor. Rs. 1300/-. "

5. " 146/88 Prohibition Act, S. 66B, 65E. 82 Lt. English liquor. Rs. 800/-. "

Accordingly, upon careful perusal of the complaint and papers enclosed with the proposal it appears that you are a Prohibition Bootlegger, and doing illegal activity of selling english and deshi liquor. You and your companions are bearing and showing deadly weapons like Rampuri knife to the innocent persons passing through the said locality on the premise of being Batmidar of police. And you are beating the person who oppose your activity of liquor, you are compelling to bring stock of liquor to the Motor Vehicles like Auto Rickshaw and upon denial to do so, you threat to kill him by Rampuri knife: your customers who are drunken are teasing the women passing from there, and if any one opposes or requests not to do so, you threat showing Rampuri knife to kill the innocent persons and an atmosphere of danger and violence is spread over because of your such offensive activities and