JUDGMENT

RANGANATH MISRA, J. :— The Commissioner of Police, Ahmedabad by his order dated 26-12-1988, directed the detention of the petitioner under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as the Act). The petitioner was taken into custody under the order on that very day.

2. The material portion of the order of detention stated

"WHEREAS, I, S. N. Sinha, Commissioner of Police, Ahmedabad City, am empowered in this behalf by the Government of Gujarat by its order, Home Department No. G.G./155/ SB-IV/PASA/1085/1191 dated 28-5-1985 under sub-section (2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985.

AND WHEREAS, I am satisfied with respect to person known as Shri Ahmedhussain @ Kalio Shaikhhussain Shaikh resident of Dariyapur, Bukhari Mohallo, Ahmedabad City, that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad City, it is necessary to make an order directing that the said Shri Ahmedhussain & Shaikhhussain Shaikh be detained.

NOW, THEREAFTER, in exercise of the powers conferred by sub-section (1) of Section 3 of the Gujarat Prevention of Anti-social Activities Act, 1985, I, S. N. Sinha, Commissioner of Police, Ahmedabad City, hereby direct that the said Shri Ahmedhussain @ Kalio Shaikhhussain Shaikh be detained."

3. The grounds communicated to the petitioner under Section 9(l) of the Act alleged that the petitioner was conducting anti-social activities of illegally storing indigenous and foreign liquor in his possession and was selling it by himself and through his men in the area of Dariyapur and three prosecutions had been launched against him under the Bombay Prohibition Act of 1949. From the particulars it appeared that one case was pending in Court while the other two were under investigation. The detaining authority thereafter stated :

"Thus on careful study of the abovesaid complaints and entire papers with the proposal, it is found that you are a prohibition bootlegger and are conducting anti-social activities of selling indigenous and foreign liquor illegally. You and your companions beat the innocent citizens of the above stated area in public and create an atmosphere of fear and terror for continuing your criminal anti-social activities. Moreover, you and your companions are creating atmosphere of fear by beating the innocent citizens, threaten them to kill while passing through that area by showing dangerous weapons suspecting them to be the informants of the police. The customers of your adda in drunken condition play mischief, and beat the persons in open; people residing there have fear and terror is spread in the said area. Moreover, you beat those who oppose your bringing the quantity of wine and you threaten to kill and you ,create an atmosphere of fear and terror. Because of such activities, the citizens residing in the above stated area have fear of damage to their property and the safety for themselves. Thus you become an obstructionist in the maintenance of public order.

The citizens residing or doing their trade in the said area have stated the facts corroborating your above stated criminal antisocial activities as a result of which you become obstructionist in the maintenance of public order. Such incidents have been stated in detail. The copies of the statements thereof are given to you herewith."

Reference was made to a previous order of detention of July 12, 1987, which was set aside by the High Court on 3-12-1987 and to the fact that notwithstanding the previous detention, the petitioner continued to carry on his criminal and anti-social activities affecting maintenance of public order.

4. In the grounds it was further stated :-

" I had also considered to prevent your anti-social activities of selling wine by taking action u/s. 93 of the Prohibition Act, But according to the provision of Section 93, only surety for good conduct can be taken. I am