Gujarat High Court
SCA/4174/1996 of RAMESH RAMALAL @ RAMLAL KAHAR Vs COMMISSIONER OF POLICE on 6 November 1996
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4174 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 4174 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?
-------------------------------------------------------------- RAMESH RAMALAL @ RAMLAL KAHARVersus COMMISSIONER OF POLICE -------------------------------------------------------------- Appearance: MR VIJAY H PATEL for Petitioner MR. NIGAM SHUKLA, Addl. G.P. for the respondents. -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA Date of decision: 06/11/96
ORAL JUDGEMENT
This Special Civil Application is directed against the order dated 19.5.1996 passed by the Police Commissioner, Baroda City, whereby the petitioner has been detained under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985. The detention order was executed on 19.5.1996 and since then the petitioner is under detention lodged at Special Jail, Bhuj.
This Special Civil Application was filed on 18.6.1996 and on 19.6.1996 rule returnable for 11.7.1996 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 three criminal cases under the Bombay Prohibition Act were registered against the petitioner at Navapura, Dahod Rural and Dahod Town Police Station. Besides this, the detaining authority has also taken into consideration the statements made by three witnesses against the petitioner's anti-social activities. The petitioner has been found to be a bootlegger engaged in the business of foreign liquor.
The detention order has been challenged on more than one grounds but at the time of argument the learned counsel has kept himself confined to the question 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 the material relied upon by the detaining authority do not constitute a case of breach of public order and at the most it is 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 19.5.1996 passed by the Police Commissioner, Baroda 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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