LAWS(GJH)-2010-10-194

RAMESHBHAI BABUBHAI BARAIYA Vs. STATE OF GUJARAT

Decided On October 20, 2010
RAMESHBHAI BABUBHAI BARAIYA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The Petitioner Kalpeshbhai Mansukhbhai, who is the cousin brother of the detenue Rameshbhai Babubhai Bvaraiya, has filed the present Petition under Article 226 of the Constitution of India, challenging the detention order dated 3.7.2010 (executed on 4.7.2010), passed by the Respondent - Police Commissioner, Rajkot City, by exercising the powers conferred under sub-section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 ("PASA Act", for short). The detenue is branded as "bootlegger".

(2.) Heard Ms.Subhadra G. Patel, learned Advocate the Petitioner and Ms.C.M.Shah, learned AGP for the Respondents. Affidavit in Reply of Respondent Commissioner of Police, Rajkot City, tendered today shall be taken on record.

(3.) The Petitioner came to be detained as "bootlegger" on his involvement in one offence arising under the Bombay Prohibition Act.