1989 (8) TMI 357

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....ection 3 of the Gujarat Prevention of Anti-social Activities Act of 1985 (hereinafter referred to as the Act) with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order in the area of Vadodara city. For reaching the subjective satisfaction as to the necessity of making this order on the basis that the detenu is a 'bootlegger' within the meaning of Section 2(b) of the Act and that the activities of the detenu were prejudicial to the maintenance of public order, the detaining authority has relied upon four criminal cases in which the detenu is said to have been involved and the statements of four witnesses showing that the detenu along with a band of his associates armed with weapons ....

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....olice, Vadodara city passed an order of detention dated 1.7.87 under Section 3(2) of the Act against this detenu in which the first two criminal cases, mentioned under Sr. Nos. 1 and 2 of the above table, formed the basic materials along with others for reaching the subjective satisfaction and the said earlier detention order was quashed by the Gujarat High Court by its judgment dated 4.4.1988 and therefore the subjective satisfaction drawn by the detaining authority in the present case placing reliance on the same materials of the earlier case, though with some more additional materials vitiates the present detention order. In support of this contention, a copy of the earlier detention order is filed in addition to the specific averment in....

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....he compound Box containing P.I. 765/88, 4 hrs. Court & got of Priya 159 bottles of Prohibition released on Lakshmi foreign liquor Act, bail on Mill in Tempo Section 66(1)(b), 1.2.1989 No. GQO 65(e) 80, 81, 83 4557. Truck No. PCK 565 & Scooter No. GJD 1361 valued together at ₹ 7,45,000. Out of total seized bottles, bottles of value of ₹ 344/- returned. 6. On going through the earlier order of detention vis-a-vis the above table, we find that the cases mentioned under Sr. Nos. 1 and 2 were the parts of the basic materials in the earlier order of detention passed on 1.7.1987. 7. Mrs. Wahi, learned Counsel appearing on behalf of the respondents strongly opposed the above argument by drawing our attention to paragraph 4 of the grou....

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.... "you do not have any valid licence to keep this English liquor your possession and sell it and you are involved in four offences in all between 1986 and 1988 under the Bombay Prohibition Act. Two of them are pending in Court and two are under Police investigation" (vide paragraph 1) and a relevant portion in paragraph 5 reading "Taking carefully into consideration the aforesaid evidence against you I am satisfied from the evidence mentioned in Para 1 that you keep the stock of English liquor in your possession and carry on business of liquor and you are a known prohibition bootlegger" and strenuously contended that the above averments in the grounds of detention unambiguously show that the detaining authority has consid....