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LPA/65/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 65 of 2010
In
SPECIAL
CIVIL APPLICATION No. 10782 of 2009
=========================================
MAHESHBHAI
KALABHAI SOLANKI - Appellant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
MR
HR PRAJAPATI for the Appellant.
Ms. Trusha Patel, Assistant
GOVERNMENT PLEADER for the
Respondents.
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/01/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
appellant challenged the order of detention dated 21st August, 2009
issued by the Police Commissioner, Ahmedabad city, in exercise of
powers vested under sub-section (3)(1) of the Gujarat Prevention of
Anti-social Activities Act, 1985. The learned Single Judge, after
hearing, by a detailed order dated 18th December, 2009 having
rejected the prayer to quash and set side the order, has preferred
the present appeal under clause 15 of the Letters Patent.
2. Learned
counsel appearing on behalf of the appellant submitted that the
appellant is a commission agent and has nothing to do with the
business activities of the company. The product recovered methanol is
used by the industries as a raw material which has licence to use the
same.
3. We
have heard learned counsel appearing on behalf of the parties. It
will be evident that as the appellant was absconding, the order of
detention issued on 21.8.2009 might not yet been given effect. Only
after subjective satisfaction and taking into consideration all
relevant material facts including the case registered against the
appellant, the order of detention was passed. The activities of the
appellant were found to be prejudicial to maintenance of public order
and public health and he was found to be a bootlegger. It is also not
in dispute that alcohol is a banned item in the State of Gujarat, but
the same was dealt with by appellant and he claims to be a commission
agent of the Company. Taking into consideration all the aforesaid
facts if the order of detention has been passed and the detaining
authority has come to a definite conclusion that the activities of
the appellant are prejudicial to the maintenance of public order and
public health, we are not inclined to grant relief.
The
Letters Patent Appeal is accordingly dismissed.
(S.J.Mukhopadhaya,C.J.)
(Anant S.Dave,J)
***vcdarji
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