1989 (6) TMI 238

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t he is a 'boot-legger' within the meaning of term defined under the PASA and his activity as 'boot-legger was prejudicial to the maintenance of the public order. 2. In the grounds of detention served upon the petitioner, it is disclosed that there were in all 23 criminal cases against the petitioner during the years 1984 to 1988. Out of the 23 cases, 12 cases were partaining to the storage, sale and/or consumption of prohibited liquor registered under the provisions of Bombay Prohibition Act, 1949. Out of these 12 cases he was acquitted in 5 cases and other cases were pending in the court. Over and above the aforesaid criminal cases, the detaining authority has relied upon the statements of five witnesses. These witnesses, as mentioned ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... authority himself. It is averred in the affidavit-in-reply that the detaining authority could claim the privilege under Section 9(2). of the PASA and the detaining authority thought it proper not to disclose even the contents of the statements relied upon by him. In a given case, if the facts of the case justify, the detaining authority may not disclose even the contents of the statements relied upon by him because Section 9(2) of PASA is very widely worded. The relevant provisions of Section 9(2) of PASA inter alia provides that nothing contained in sub-section (1) shall require the detaining authority "to disclose facts which it considers to be against the public interest to disclose". For exercising this privilege, the detaining authori....