KASAM JUSUFBHAI DOSTMOHAMAD MIYANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed under Article 226 read with Articles 21 and 22(5) of the Constitution of India with a prayer to quash and set aside order of detention dated 06.03.2010 passed by the Commissioner of Police, Ahmedabad, in exercise of powers under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 ('the Act' for short).

(2.) The detenu has been branded as a `bootlegger', within the meaning of Section 2(b) of the Act, as he has been found to be involved in offences under the Bombay Prohibition Act.

(3.) While passing the order of detention dated 06.03.2010, which was executed on 14.03.2010, the detaining authority has taken into consideration that two offences under the Bombay Prohibition Act have been registered against the detenu and that the activities carried on by him are detrimental to the maintenance of public order, and prejudicial to public health.