JAYESHBHAI HASMUKHBHAI KHAMBHATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner Nishaben Jayeshbhai Khambhati [Kharva], wife of detenu Jayeshbhai Hasmukhbhai Khambhati [Kharva] filed the present petition under Article 226 of the Constitution of India, challenging the detention of her husband Jayeshbhai pursuant to the detention order dated 03/07/2010, which was executed on 04/07/2010, passed by the respondent Police Commissioner, Surat 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 petitioner is branded as "bootlegger".

(2.) Heard Ms. SG Patel, Ld. Advocate for Mr. UM Panchal, Ld. Advocate for the petitioner and Mr. RC Kodekar, learned AGP for the respondents. The affidavit-in-reply filed by the respondent Commissioner of Police, Surat City has been taken into consideration.

(3.) The detenu " Jayeshbhai came to be detained as "bootlegger" on his involvement in two offences arising under the Bombay Prohibition Act.