9911796707
TMI Blog1989 (7) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... ent him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad city. The petitioner was detained by the respondents and was served with the grounds of detention alongwith the documents mentioned therein on the very day of detention that is, October 12, 1988. The grounds of detention were in Gujarati. The petitioner in the writ petition has stated that he was previously detained under the National Security Act, 1980 S.R. No./PCB/ DTN/PASA/37/85 on May 23, 1985 and was released on June 28, 1985. The petitioner had been detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 hereinafter referred to in short, as 'PASA Act'. The said order was challenged by writ petition before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .No. Police Office Section Stock Disposal Station Regis- Seized ter No. Dariapur 106/88 Prohibition 7575 ml. under Act, ss. 66(3), English investigation 65(A), (E), 68, 5 Lt. Designation 81, 85(1)(3) Liquor. ₹ 1971. Dariapur 120/88 Prohibition 8640 mi. under Act, secs. English investigation. 66(3), 65(A), liquor. (E), 68, 81, 85(1)(3). ₹ 940. 137/88 Prohibition 3 105 mi. Act, secs. English 66B, 65(E), liquor. 81, ₹ 940. 145/88 166 bottles. English liquor. ₹ 1300. 146/88 Prohibition 82 Lt. Act, s. 66B, English 65E. liquor. Rs.800. Accordingly, upon careful perusal of the complaint and papers enclosed with the propos- al it appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctive to the maintenance to public administration that you were detained under PASA Act, 1985 by this office order No. PCB/DTN/PASA/36/86 dt. 26.9.86, as you have filed writ petition in the Honourable Gujarat High Court against this order the Honourable High Court has on 25.6.87 passed an order to release you from detention. Accordingly, looking to the overall fact, I am satisfied that you are prohibited bootlegger and known a headstrong and angry person, and an atmosphere of fear and violence is spread over in residents of the said locality because of your above anti-social activities, such activities cannot be refrained by taking steps under the common law. The affidavit of reply affirmed by Mr. S.N. Sinha, Commissioner of Police, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the decision of detention would have been different if the earlier orders of release would have been placed before him. The most important question that posed itself for consideration in this case is whether the detaining authority while considering the fresh facts disclosed in the grounds of detention has taken into consideration the earlier two detention orders--one of 1985 under the National Security Act and the other of 1986 under the PASA Act in forming his subjective satisfaction that the detenu inspite of the passing of the earlier two detention orders has been persistingly indulging in his anti-social activities and as such in preventing such criminal activities which posed a threat to the maintenance of public order the impug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have been given to the petitioner. It also appears from the statements made in the grounds of detention that the detaining authority took into consideration the previous grounds of detention as well as the orders made therein even though the same were nullified by the High Court as well as by the Advisory Body, presumably, for the purpose of showing that the detenu inspire of those earlier orders of detention was continuing his boot- legging activities. It has been tried to be contended on behalf of the detaining authority that though the earlier two detention orders have been mentioned in the grounds of detention and the copy of the orders passed in the previous detention cases as well as the grounds of detention were supplied to the deten ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
