ISMAIL ALIAS PATTUBHA KASAM BIAD Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) By filing this petition, the petitioner detenu has challenged his detention order dated 11.7.2002, by which he is detained as a 'bootlegger', under the Prevention of Anti Social Activities Act. Along with the detention order, he is also served with the grounds of detention of the same date.

(2.) In the grounds of detention, there is a reference to five cases which are filed against the petitioner under the provisions of the Bombay Prohibition Act. The detaining authority has also considered the statements of three witnesses and after considering the material on record, the detaining authority has passed the aforesaid detention order against the petitioner which has been challenged by the petitioner on various grounds before this Court.

(3.) Learned Advocate Mr.Waghela for the petitioner has strenuously contended that the detaining authority has not applied his mind while passing the detention order against the petitioner. He has relied upon the averments made in Ground (h) of the petition, which read as under: