No Ground Is Made Of Solitary Offence Under Prohibition Act For Preventive Detention Under PASA

Background

• The case was of Karansinh Chetansinh Vaghela v. The State of Gujarat.
• An order was passed on the registration of offences under Sections 66(1)(b), 65(a), 65(e), 116B, 98(2) and 81 of the Gujarat Prohibition Act, 1949 against the appellant.
• He was detained on the basis of the order.
• Upon challenging the order, the Single Judge refused to interfere with the order of the detaining authority.

Contentions of Appellant

• The counsel for the appellant argued for quashing the order of detention and referred the case of Vijay alias Ballu Bharatbhai Ramanbhai Patni v. The State of Gujarat, which covers the case of the appellant.
• The appellant does not fall under the purview of Section 2(b) of the Gujarat Prevention of Anti-Social Activites Act, 1985 which defines ‘Bootlegger”.
• There was no violation of the law, let alone violation of public order, to justify such detention.

Contentions of Respondent

• The respondent’s counsel opposed the prayer of the appellant stating that the powers of the detaining authorities are for safeguarding and not allowing criminals activities to continue.
• The judgment confirming that the order was not in contravention to the procedure prescribed by law.

Court Order

• The fact that the appellant was charged with a solitary offence under the Gujarat Prohibition Act has no bearing on the maintenance of public order.
• The Court observed that the contention that alleged anti-social activities would adversely affect or are likely to affect the maintenance of public order were unsubstantiated.
• The preventive detention law is to be followed strictly according to the statute and settled law.
• The Court was hesitant in interfering with the subjective satisfaction of the detaining authorities but held that the appellant would not be a Bootlegger on a solitary offence.

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