S.G.SHAH
Sureshbhai Vajesinh Rathod – Appellant
Versus
State of Gujarat – Respondent
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
Piyush Kantilal Mehta v. Commissioner of Police
Anil Dey v. State of West Bengal reported in AIR 1974 SC 832
Smt. Angoori Devi v. Union of India reported in AIR 1989 SC 371
Darpan Kumar Sharma alias Dharban Kumar Sharma v. State of Tamil Nadu reported in AIR 2003 SC 971
Rekha v. State of Tamil Nadu through Secretary to Government and another reported in (2011)5 SCC 244
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