JUDGMENT

S.RATNAVEL PANDIAN, J.:— By this writ petition under Article 32 of the Constitution of India, the petitioner who is the son of the detenu, Bhogilal Manilal Parmar challenges the legality and validity of the order of detention dated 27-2-1989 passed against the detenu by the detaining authority (the Commissioner of Police, Vadodara City) in exercise of the powers conferred by sub-section (2) of Section 3 of the Gujarat Prevention of Anti-social Activities Act of 1985 (hereinafter referred to as the Act) with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order in the area of Vadodara City. For reaching the subjective satisfaction as to the necessity of making this order on the basis that the detenu is a bootlegger within the meaning of Section 2(b) of the Act and that the activities of the detenu were prejudicial to the maintenance of public order, the detaining authority has relied upon four criminal cases in which the detenu is said to have been involved and the statements of four witnesses showing that the detenu along with a band of his associates armed with weapons has been unleashing terror thereby creating an atmosphere of insecurity in the area of Vadodara City which activities of the detenu adversely affected the maintenance of public order.

2. The main thrust of the arguments advanced by Mr. P. H. Parekh, learned counsel for the petitioner is of two folds : -

1. Relying on the decision of this Court in Chhagan Bhagwan Kahar v. N. L. Kalna, (1989) 1 JT 572 it has been submitted that this order of detention under challenge is vitiated on the ground that the detaining authority has taken into consideration some of the grounds of an earlier detention order passed against this detenu on 1-7-87 under the provisions of the Act for drawing his requisite subjective satisfaction notwithstanding the earlier detention had been quashed by the High Court of Gujarat by its Order dated 4-4-88.

2. On the strength of the decision in Dharamdas Shamlal Agarwal v. The Police Commr. Judgments Today (1989) 1 JT 580 : it has been urged that the impugned order of detention suffers from the vice of non-application of mind of the detaining authority, rendering the order of detention invalid.

3. For evaluating and appreciating the above two contentions we shall now reproduce the list of cases as shown in the table in the grounds of detention which have been considered by the detaining authority for drawing his subjective satisfaction :-

Sl. No Police Station No. in register of of offences Date & time of offence Date & time of arrest of accused Place of Offence Goods seized Disposal of case

1 2 3 4 5 6 7

1. Sayajiganj. 918/86, Prohibi- tion Act S. 67(1) A, S. 65(a), S. 83 7-5-1986 23 hrs. 16-5-1986 14.30 hrs. Near gate of Priya Lakshmi Mill from the house in occupation Box of foreign liquor bottle 203 in number value Rs. 2,92,320. Committed 26-6-1987

2. Sayajiganj. 357/87, Prahibiti-on Act, Ss. 66(b), 65(a), (f), 116, 81 18-6-1987 21.25 hrs. 12-7-198710 hrs. -do- Foreign liquor 306 in No.value Rs. 33,635. Committed 9-10-1987

3. Sayajiganj. 527/88, Prohibition Act, S. 66(1) (b), 65(e), 81 16-7-1988 5.35 hrs. 22-7-1988 11 hrs. Near FCI godown Chaw) of Dr Chhaganlal Chawl, Room No. 3683 English liquor, Bottles 348 in No. Value Rs. 43,500 P. I.

4. Sayajiganj. 765/88, Prohibi- tion Act S. 66(1) (b), 65(e), 80, 81, 83 30-10-1988 4 hrs. Appeared in Court & got released on bail on 1-2-1989 In the compound of Priya Lakshmi Mill Box containing 159 bottles of foreign liquor in Tempo No. GQO 4557.Truck No. PCK 565 and Scooter No. GJD 1361 valued together at Rs. 7,45,000. Out of total seized bottles, bottles of value of Rs. 344/-returned. P. I.

4. According to the learned counsel for the petitioner the then Commissioner of Police, Vadodara city passed an order of detention dated 1-7-87 under Section 3(2) of the Act against this detenu in which the first two criminal cases, mentioned under Sr. Nos. 1 and