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2016 Supreme(Guj) 2

S.G.SHAH
Sureshbhai Vajesinh Rathod – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For Appellant :Sandip M. Patel, Advocate

JUDGMENT :

S.G. Shah, J.

1. This petition is directed against the order of detention dated 19/11/2015 passed by respondent No. 2, in exercise of powers conferred under section 3[1]/3[2] of the Gujarat Prevention of Anti Social Activities Act, 1985 [for short 'the Act'] by detaining the detenue as a "bootlegger" as defined under section 2[b] of the Act.

2. Learned advocate for the detenue submits registration of two FIRs themselves cannot lead to disturbance of even tempo of public life and, therefore, the public order. He further submits that, except FIRs registered under the Bombay Prohibition Act, there was no other material before the detaining authority whereby it could be inferred reasonably that the detenue is a 'bootlegger' within the meaning of Section 2[b] of the Act and required to be detained as the detenue's activities are prejudicial to the maintenance of public health and public order. In support of the above submission, learned counsel for the detenue has placed reliance on judgment of the Hon'ble Apex Court in case of Piyush Kantilal Mehta v. Commissioner of Police, reported in AIR 1989 S.C. 491, Anil Dey v. State of West Bengal reported in AIR 1974 SC 832, Smt. Angoor










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