LAWS(GJH)-2010-5-268

SANJAY BABURAO TULSIRAO SAHARE Vs. COMMISSIONER OF POLICE

Decided On May 10, 2010
SANJAY BABURAO TULSIRAO SAHARE Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) This petition has been filed under Articles 226, 21 and 22(5) of the Constitution of India with a prayer to quash and set aside order of detention dated 16.11.2009 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, the detaining authority has taken into consideration that one offence under the Bombay Prohibition Act has 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.