Gujarat High Court
SCA/4311/1996 of CHARAN DEVJI HARDAS Vs STATE OF GUJARAT on 6 November 1996
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4311 of 1996 For Approval and Signature: Hon'ble MR.JUSTICE N.N.MATHUR ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgment ? 2. To be referred to the
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 4311 of 1996
For Approval and Signature:
Hon'ble MR.JUSTICE N.N.MATHUR
============================================================
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
1
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Whether Reporters of Local Papers may be allowed to see the judgment ?
2. To be referred to the Reporter or not ?
3. Whether their Lordships wish to see the fair copy of judgment?
4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder?
5. Whether it is to be circulated to the Civil Judge?
=========================================================
-------------------------------------------------------------- CHARAN DEVJI HARDAS
Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance:
MS SUBHADRA G PATEL for Petitioner Mr Kamal Mehta, Asst. GOVERNMENT PLEADER for Respondent No. 1, 2, 3
-------------------------------------------------------------- CORAM : MR.JUSTICE N.N.MATHUR
Date of decision: 06/11/96
ORAL JUDGEMENT
It is now well settled that merely because the detenu is a bootlegger, he cannot be preventively detained under the provisions of Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the PASA Act') unless, as laid down in sub-section (4) of section 3 of the Act, his activities as a bootlegger affect adversely or are likely to affect adversely the maintenance of public order. Reference may be made to a decision of the Apex Court in the case of Piyush v. Police Commissioner, Ahmedabad, reported in AIR 1989 SC 491. With the assistance of the learned Advocates, I have gone through the material available on record. There is nothing to show that the activities of the petitioner as a bootlegger, has affected adversely or likely to affect adversely the maintenance of public order. Thus, in my view, the order of detention is illegal and is not sustainable.
2. In view of the aforesaid, this Special Civil Application is allowed and the order of detention dated 30.4.1996 is quashed and set aside. The petitioner-detenu shall be released forthwith if not required in any other case.
Rule is made absolute accordingly.
***
/mohd/