SUNILKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for following relief:-

(2.) Thus, essentially, the challenge is to the order of detention dtd. 4/10/2023 passed by the Police Commissioner, Surat, respondent No.2 herein, by which the petitioner has been detained as a "bootlegger" based on solitary offence registered against him.

(3.) Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of the solitary offence under Ss. of the Prohibition Act by itself cannot bring the case of the detenue within the purview of definition under Sec. 2(b) of the Act. Further, learned Advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order. Further, except statement of witnesses, registration of above FIR/s and Panchnama drawn in pursuance of the investigation, no other relevant and cogent material is on record connecting alleged anti-social activity of the detenue with breach of public order.