RAJUBHAI RANCHHODBHAI SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned AGP waives service of notice of rule on behalf of respondent -State.

(2.) PETITIONER has prayed to restrain the respondents from detaining him under PASA disclosing that he was wrongly involved in the offence of prohibition, for which, he was shown as absconder in FIR registered against him at Chowkbazar Police Station, Surat being C.R. No. III -595 of 2014 on 26.05.2014. It is further contended that this is a solitary offence registered against him and though police has wrongly involved him and he was released on bail by the competent Court on 30/05/2014 and that when no liquor is found from him and when he was joined as an accused only on say of the co -accused from whom, the liquor was found, that liquor is provided to him by the petitioner, he cannot be detained.

(3.) SO far as definition of "bootlegger" under the Act is concerned, it is not required that person has to be habitual offender to term him as bootlegger. The definition of bootlegger under Section 2(b) reads as under: