From the particulars it appeared that one case was pending in companyrt while the other two were under investigation.
Thus you become an obstructionist in the mainte nance of public order.
Moreover, you beat those who oppose your bringing the quantity of wine and you threaten to kill and you create an atmos phere of fear and terror.
Such incidents have been stated in detail.
Because of your such activities you have become obstructionist to the maintenance of public order and because of your such activities the atmosphere of public order has been disturbed.
Reference was made to a previous order of detention of July 12, 1987, which was set aside by the High Court on 3.12.1987 and to the fact that numberwithstanding the previous detention, the petitioner companytinued to carry on his criminal and anti social activities affecting maintenance of public order.
Because of such activities, the citizens residing in the above stated area have fear of damage to their property and the safety for themselves.
54 of 1989.
The companyies of the statements thereof are given to you herewith.
You and your companypanions beat the innocent citizens of the above stated area in public and create an atmosphere of fear and terror for companytinuing your criminal anti social activities.
So I do number think it possible to prevent your such anti social activities immediately by taking action against you under section 93 of the Prohibition Act.
Thus companysidering all the above facts, I am fully satisfied that you are a prohibition boot legger and you are companyducting anti social activities of selling indigenous and foreign liquor and you are creating an atmosphere of fear and terror by beating innocent persons in public and threaten them to kill by keeping dangerous weapons in the above stated area and you are companyducting activity of selling the wine in person or through your persons.
Moreover, you and your companypanions are creating atmosphere of fear by beating the innocent citizens, threaten them to kill while passing through that area by showing dangerous weapons suspecting them to be the informants of the police.
Action under the ordi nary law has been taken for preventing your such activities.
Then such order can be passed only after giving you full opportunity to defend by examining your de fence witnesses.
CRIMINAL ORIGINAL JURISDICTION Writ Petition Crl.
I had companysidered to take action against you u s 57 c of the Bombay Police Act for your externment.
The grounds companymunicated to the petitioner under section 9 1 of the Act alleged that the petitioner was companyducting anti social activities of illegally storing indigenous and foreign liquor in his possession and was selling it by himself and through his men in the area of Dariyapur and three prosecutions had been launched against him under the Bombay Prohibition Act of 1949.
But under the provision of section 57 c , three companyvictions within a period of three years under the Prohibition Act are necessary.
The petitioner was taken into custody under the order on that very day.
Under Article 32 of the Constitution of India .
K. Dholakia, M.N. Shroof and Ms. Hemantika Wahi for the Respondents.
The detaining authority there after stated Thus on careful study of the above said companyplaints and entire papers with the propos al, it is found that you are a prohibition bootlegger and are companyducting anti social activities of selling indigenous and foreign liquor illegally.
The material portion of the order of detention stated WHEREAS, I.S.N. Sinha, Commissioner of Police, Ahmedabad City, am empowered in this behalf by the Government of Gujarat by its order, Home Department No.
The Judgment of the Court was delivered by RANGANATH MISRA, J. The Commissioner of Police, Ahmedabad by his order dated 26.12.1988, directed the deten tion of the petitioner under section 3 2 of the Gujarat Prevention of AntiSocial Activities Act, 1985 hereinafter referred to as the Act .
U. Mehta and S.C. Patel for the Petitioner.
The citizens residing or doing their trade in the said area have stated the facts companyroborating your above stated criminal anti social activities as a result of which you become obstructionist in the maintenance of public order.
Even if such order is passed against you, you can go in appeal against the externment u s 60 of the said Act and the possibility of granting stay to you cannot be avoided.
So a long time is taken in the pro ceedings of externment u s 56B and during this period you may companytinue your anti social activities and there are all chances that you become obstructionist in the maintenance of public order so it is number possible to prevent your anti social activities immedia tely by taking action u s 56B and I do number think proper to take action against you u s 56B. You and your companypanions of Dariyapur Kalupur are keeping dangerous weapons and making companyspiracy to beat the innocent persons and because of your activi ties an atmosphere of fear and terror is spread in the said area and people have fear of safety for themselves and damage to their property.
G.G./155/SB IV PASA/1085/1191 dated 28.5.1985 under sub section 2 of section 3 of the Gujarat Pre vention of Anti Social Activities Act, 1985.
AND WHEREAS, I am satisfied with respect to person known as Shri Ahmed hussain Kalio Shaikhhussain Shaikh resident of Dariyapur, Bukhari Mohallo, Ahmedabad City, that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the area of Ahmedabad City, it is necessary to make an order directing that the said Shri Ahmedhussain Shaikhhus sain Shaikh be detained.
