IMPORTANT POINT
The commission of an offence does not necessarily come within the purview of public order.

JUDGMENT

Dutt, J. In this writ petition, the petitioner has challenged the legality of the order of his detention dated August 3, 1!P81 passed by the Commissioner of Police, Ahmedabad City, under sub-section (2) of section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985, hereinafter referred to as 'the Act'.

2. The grounds on which the impugned order of detention has been made run into seven pages. The relevant portions of which are extracted below:

"In pursuance to Section 9(1) of the Gujarat Prevention of Anti-social Activities Act, 1985, Shri Piyush Kantilal Shah is hereby informed the grounds of detention as under:

You are indulging into anti-social activities by hoarding illegal foreign liquor and also selling it through yourself and through your servants near Navrangpura Municipal Bus-stand and Navrang High School, Ahmedabad. That the cases have been registered against you under Bombay Prohibition Act, 1949 and in which you have been arrested.

Sr. No.

Police Stn.

C.R. No.

Sections

Qty. seized

Result

1.

Navrang-pura

52/88

Prohibi-tion Act – 66(b), 55 (a) (e), 81

21795

Ml. Ltr. Foreign liquor.

Pending

2.

Navrang-pura

114/88

Probh. Act 66(b) 65 (a)(e) 116 (b) and 98

139750 Ml. Ltr. Foreign liquior,

Pending investi-gation.

2. Carefully considering the complaint, identification marks on your face and charge-sheet, it appears that you are a prohibition bootlegger and you are indulging into sale of foreign liquor in the aforesaid areas and you continue your anti-social activities. In the aforesaid area, you, your servants and associates indulge into use - of force and violence and also beat innocent citizens by which an atmosphere of fear is created and by indulging into such activities, you are causing hindrance to maintenance of public order. You also show dangerous weapons to the citizens and also create an atmosphere of fear and you are carrying on illegal liquor business. Because of your fear citizens residing nearby are not in a position to speak anything against you and also do not file complaint against you. Because of your activities and your associates, the people of the aforesaid area feel insecurity of their life and property and all these activities are causing hindrance to public order.

To substantiate that you are indulging into anti-social activities and that your activities are against the public order certain persons residing in the aforesaid area who are peace loving have also given statements and the copy of the aforesaid statements are given to you.

"Taking into consideration all that has been stated aforesaid, I am fully satisfied that you are prohibition boot legger and by indulging into use of force and violence, you continue to indulge into illegal sale of liquor and you create an atmosphere of fear and terror by beating innocent citizens. That action against you has been taken under ordinary law and you have been released on bail. After being released on bail, you have continued your illegal anti-social activities and therefore if once again actions are taken under ordinary law against you, there are possibilities of your being released on bail and your continuing anti-social activities and since it is necessary t6 prevent you immediately for maintenance of public order, and since there is no other alternative, as a last resort, I order to detain you under the aforesaid Act."

4. It appears from the grounds extracted above and it is also not disputed that the petitioner has been prosecuted in two criminal cases. In FIR relating to case No. 62/88, the offence alleged to have been committed by the petitioner is that he was caught red-handed possessing English wines with foreign marks without any legal pass or permission to do so on April 13, 1988. In the second case being ease No. 114/88, the offence as alleged to have been committed by the petitioner and as recorded in the FIR is that he was caught while shifting 296 bottles of foreign liquors in an Ambassador car without any pass, permit