ISHWAR DHARSING THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.M.R.Prajapati, learned counsel appearing for the petitioner and Ms.H.B. Punani, ld.AGP, appearing on behalf of the respondents.

(2.) The present petition is filed under Article 226 r/w. Articles 21 and 22(5) of the Constitution of India. The petitioner has challenged legality and validity of the order of detention dated 21st June, 2004, passed by the respondent no.2-Commissioner of Police, Ahmedabad City, under the purported exercise of powers vested with the Detaining Authority under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short 'the Act').

(3.) The petitioner is branded as a "bootlegger" within the meaning of Section 2(b) of the Act, as he was found involved in two criminal cases registered under the Bombay Prohibition Act. While exercising powers under Section 3(2) of the Act, the Detaining Authority has detained the petitioner branding the petitioner as a "bootlegger" mainly on the fact that he was found involved in two different offences punishable under the Bombay Prohibition Act registered on 1st September, 2003 and 25th February, 2004, with Meghaninagar Police Station. So after five months of the registration of the last offence, the impugned order has been passed against the petitioner by the Detaining Authority. No other cogent material was there before the authority i.e. evidence in the nature of statements to be recorded by the sponsoring authority in respect of bootlegging activities of the petitioner.