JAYRAM PURARAM CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner through his friend Kheraj Ram Magha Ram has challenged the legality of the order of detention of his friend viz. Jayram Puraram Chaudhari (Jat) dated 09.01.2020 passed by respondent no.2 - Commissioner of Police, Ahmedabad, under sub-section 2 of Section 3 of the Gujarat Prevention of Anti- Social Activities Act, 1985 ("P.A.S.A Act" for short) by detaining the detenue as a '"bootlegger" as defined under the provisions of the Act. In pursuance of the said order dated 09.01.2020, the detenue has been detained at Vadodara Central Jail.

(2.) The detenue came to be detained as a bootlegger on his involvement in the offence i.e. FIR being Prohibition C.R.No.I-5004/2020 registered at Chandkheda Police Station, Ahmedabad under Sections 65(E), 81, 116(B) and 98(2) of the Gujarat Prohibition Act. While passing the order by the authority, it has been considered that the activities of the detenue transporting prohibited liquor are in contravention of the provision of Gujarat Prohibition Act and being a habitual offender the activities likely to be affected the public health and public order.

(3.) Learned counsel for the petitioner has raised the following contentions: