Gujarat High Court
SCA/7525/1996 of CHANDU @ KALIYO PANJUMAL SINDHI Vs COMMISSIONER OF POLICE on 8 November 1996
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 7525 of 1996 For Approval and Signature: Hon'ble MR.JUSTICE M.R.CALLA ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 7525 of 1996
For Approval and Signature:
Hon'ble MR.JUSTICE M.R.CALLA
============================================================
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1. Whether Reporters of Local Papers may be allowed to see the judgements?
2. To be referred to the Reporter or not?
3. Whether Their Lordships wish to see the fair copy of the judgement?
4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the Civil Judge?
-------------------------------------------------------------- CHANDU @ KALIYO PANJUMAL SINDHI
Versus
COMMISSIONER OF POLICE
-------------------------------------------------------------- Appearance:
MR A.S. Dave, Advocate, for Petitioner
MR. Nigam Shukla, Addl. G.P. for the respondents.
-------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA
Date of decision: 08/11/96
ORAL JUDGEMENT
This Special Civil Application is directed against the order dated 3.8.1996 passed by the Police Commissioner, Ahmedabad City whereby the petitioner has been detained under the Gujarat Prevention of Anti Social Activities Act, 1985. The petitioner is under detention lodged at Jamnagar Jail, Jamnagar.
This Special Civil Application was filed on 4.10.1996 and on 5.10.1996 rule returnable was issued. So far neither any reply has been filed nor affidavit of the detaining authority has been filed.
The grounds of detention enclosed with the detention order show that two criminal cases were registered against the petitioner under the Bombay Prohibition Act. Besides this, the detaining authority has also taken into consideration the statements made by certain witnesses against the petitioner with regard to incidents dated 21..1996 and 7.7.1996. The petitioner has been found to be engaged in anti-social activities and unauthorised business of country liquor. He has been detained as a bootlegger.
The detention order has been challenged on more than one grounds but the learned counsel has stressed that no case of breach of public order is made out. In view of the reasons given in the judgement dated 4.10.1996 in Special Civil Application No. 3879 of 1996, it is clear that the allegations and material relied upon by the detaining authority against the petitioner do not constitute a case of breach of public order. It is at the most a case of breach of law and order. The detention order deserves to be set aside on this ground alone.
Accordingly, the Special Civil Application is allowed and the impugned detention order dated 3.8.1996 passed by the Police Commissioner, Ahmedabad City, is hereby quashed and set aside and the petitioner's detention is declared to be illegal. The respondents are directed to release the petitioner and set him at liberty forthwith, if not required in any other case. Rule is made absolute.
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