K. J. VAIDYA J.-, J.

( 1 ) BY this Habeas-Corpus petition under Article 226 of the Constitution of India the petitioner has brought under challenge the impugned order of detention dated 17. 9. 1994 passed against him in exercise of powers under Section 3 of the Gujarat Prevention of Anti-Social Activities Act 1985 (for short PASA) by the Police Commissioner Rajkot City interalia praying for quashing and setting aside the same and to set him at liberty forthwith. The petitioner came to be detained as a bootlegger.

( 2 ) MR. Anil S. Dave the learned advocate appearing for the petitioner while challenging the impugned order of detention has raised two contentions. Firstly placing reliance upon two decisions of the Supreme Court rendered in case of (i) Mustakmiya Jabbarmiya Shaikh vs. M. M. Mehta Commissioner of Police and Ors. reported in 1995 (3) SCC 237 and (2) Piyush Kantilal Mehta vs. Commissioner of Police Ahmedabad reported in AIR 1989 SC 491 it was contended that since the fact-situation in said two cases allegedly disturbing the public order was held to be disturbing the law and order only is virtually the same as found from the alleged grounds of detention in the present case

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