TMI Blog1988 (12) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... anti-social activities by hoarding illegal foreign liquor and also selling it through yourself and through your servants near Navrangpura Municipal Bus-stand and Navrang High School, Ahmedabad that the cases have been registered against you under Bombay Prohibition Act, 1949 and in which you have been arrested. Sr. Police Stn. C.R. Sections Qty. seized Result No. No. 1. Navrangpura 62/88 Prohibition 21795 Pending. 2. Navrangpura 114/88 Act-66(b) ML Ltr. Pending 65(a) foreign investi- (e), 81 Liquor. gation Proh. Act 139750 66(b), Ml. Ltr. 65(a)(e), foreign 116(b) and liquor. 98. Carefully considering the complaint, identification marks on your face and charge-sheet, it appears that you are a prohibition bootlegger and you are indulging into sale of foreign liquor in the aforesaid areas and you continue your anti-social activities. In the aforesaid area, you, your servants and associates indulge into use of force and violence and also beat innocent citizens by which an atmosphere of fear is created and by indulging into such PG NO 1084 activities, you are causing hindrance to maintenance of public order. You also show dangerous weapons to the citizens and also crea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner is a prohibition bootlegger, and that by indulging in use of force and violence and by illegal sale of liquor, the petitioner creates an atmosphere of fear and terror by beating innocent citizens. It is also alleged that the petitioner is indulging in anti-social activities, and that the activities are against public order. The statements of five persons, who have been described as witnesses Nos. 1 to 5, have been recorded before the order of detention was passed. The copies of their statements have been given to the petitioner, but their names have not been disclosed to the petitioner, and it is not disputed before us that in view of section 9(2) of the Act, the detaining authority is entitled not to disclose the names of the detenu. At this stage it may be stated that the representation of the petitioner is pending before the Advisory Board. The question that has been raised on behalf of the respondents is whether in view of the pendency of the representation before the Advisory Board, the writ petition is maintainable under Article 32 of the Constitution. The question need not detain us long, for it has already been decided by this Court in Prabhu Dayal Deorah v. The Dist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out that even at the time of the service of the order of detention, the petitioner had himself signed as Piyush Kantilal Shah in the presence of the Police Inspector, Navrangpura Police Station, Ahmedabad City. It is submitted that the petitioner is trying to mislead this Court by making a false attempt of changing his surname. We do not find any reason why we should not accept the statement of the Commissioner of Police as made in his affidavit. It is not disputed that the petitioner has signed his name as Piyush Kantilal Shah when the order of detention was served upon him. It is, however, alleged by the petitioner that he was forced to sign as Piyush Kantilal Shah. It is difficult for us to believe that the detaining authority will force the petitioner to sign his name as Piyush Kantilal Shah, if really his name is Piyush Kantilal Mehta. It may be that he has another name as Piyush Kantilal Mehta, but we are satisfied that the petitioner is also known as Piyush Kantilal Shah inasmuch as he himself had signed his name as Piyush Kantilal Shah. PG NO. 1087 In the grounds of detention, the relevant portions of which have been extracted above, it has been alleged that the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her as a bootlegger or dangerous person or drug offender or immoral traffic offender or property grabber, which affect adversely or are likely to affect adversely the maintenance of public order. Explanation.- For the purpose of this sub-section, public order shall be deemed to have been affected adversely or shall be deemed likely to be affected adversely inter alia if any of the activities of any person referred to in this sub-section directly or indirectly, is causing or is likely to cause any harm, danger or alarm or feeling of insecurity among the general public or any section thereof or a grave or widespread danger to life, property or public health. Under sub-section (1) of section 3, an order of detention of a person can be passed with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. Sub-section (4) of section 3 contains a deeming provision. Under sub-section (4), a bootlegger or a dangerous person or a drug offender shall be deemed to be acting in a manner prejudicial to the maintenance of public order when the activities of such a person affect adversely or are likely to affect adversely the maintenance of public or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner with the question of maintenance of public order by the statements of five witnesses. Apart from some minor incidents of beating by the petitioner, the witnesses have alleged that the petitioner is high-handed and fierce by nature; his high-handedness and bickering nature have caused terror to the public of the area; he is not afraid of the policy; his activities are anti-social; he always keeps with him a knife and a revolver and he threatens surrounding people. It is submitted by Dr Chitale that the allegations which have been made by the said five witnesses against the petitioner are also very general in character and do not involve the question of public order. Counsel submits that there is a distinction between `law and order' and 'public order . The allegations made against the petitioner may give rise to a question of law and order but, surely, they have nothing to do with the question of public order. A person may be very fierce by nature, but so long as the public generally are not affected by his activities or conduct, the question of maintenance of public order will not arise. In order that an activity may be said to affect adversely the PG NO 1090 mai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dents, in our view, do not have any bearing on the maintenance of public order. The petitioner may be punished for the alleged offences committed by him but, surely, the acts constituting the offences cannot be said to have affected the even tempo of the life of the community. It may be that the petitioner is a bootlegger within the meaning of section 2(b) of the Act, but merely because he is a bootlegger he cannot be preventively detained under the provisions of the Act unless, as laid down in sub-section (4) of section 3 of the Act, his activities as a bootlegger affect adversely or are likely to affect adversely the maintenance of public order We have carefully considered the offences alleged against the petitioner in the order of detention and also the allegations made by the witnesses and, in our opinion, these offences or the allegations cannot be said to have created any feeling of insecurity or panic or terror among the members of the public of the area in question giving rise to the question of maintenance of public order. The order of detention cannot, therefore, be upheld. Coming back to the question of vagueness of the grounds, it is submitted by Mr. Poti, learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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