MALI RAMESBHAI SOMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Kirit R. Chaudhari, learned counsel for the petitioner and Mr. Soaham Joshi, learned AGP for the respondents through video conferencing.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner through his wife Mali Radhaben Rameshbhai has challenged the legality of the order of detention of his husband viz. Mali Rameshbhai Somabhai, dated 27.01.2020 passed by respondent no.2 - District Magistrate, Mehsana, 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 27.01.2020, the detenue has been detained in Lajpor Jail, at Surat.

(3.) The detenue came to be detained as a "bootlegger" on his involvement in eight offences, all registered with Mehsana City-A Division Police Station, Mehsana, being (1) Prohibition Cr. No.- 197/2018 under Section 65AE, 116-B and 81 (2) Prohibition Cr. No.-23/2019 under Section 65AE, 116-B and 81, (3) Prohibition Cr. No.-188/2019 under Section 65AE, 116-B and 81, (4) Prohibition Cr. No.-202/2019 under Section 65AE, 116-B and 81, (5) Prohibition Cr. No.-241/2019 under Section 65AE, 116-B and 81, (6) Prohibition Cr. No.-346/2019 under Section 65AE, 116-B and 81, (7) Prohibition Cr. No.-376/2019 under Section 65AE, 116-B and 81 and (8) Prohibition Cr. No.-378/2019 under Section 65AE, 116-B and 81 which are pending in the Court of law.