SANJAY VELSIBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. M.S.paladiya, learned counsel for the petitioner and Mr. Soham 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 real brother Chauhan Amitbhai Velshibhai has challenged the legality of the order of detention of his brother viz. Sanjay Velshibhai Chauhan, dated 18.02.2020 passed by respondent no.2 - District Magistrate, District Morbi, 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 18.02.2020, the detenue has been detained in Central jail at Lajpore, Surat.

(3.) The detenue came to be detained as a "bootlegger" on his involvement in the offence being Prohibition C.R.No.5356/2019 under Sections 116 (b), 81, 83, 98(2) of the Prohibition Act, registered at Vankaner Taluka Police Station.