JUGNU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed challenging the order of detention dtd. 29/9/2023 for following relief:-

(2.) At the outset, it is observed that pursuant to the order dated 08- 01-2024 issuing Rule in the matter, on behalf of the State, Affidavit of the Detaining Authority is placed on record giving explanation with regard to the non-mentioning of relevant Circular issued by the State Government, which are required to be referred to before passing the order of detention. Such explanation is accepted by the Court.

(3.) Essentially, the challenge is to the order of detention dtd. 29/9/2023 by the Detaining Authority namely District Magistrate, Gandhinagar by which the petitioner has been detained as "bootlegger". The grounds of detention would indicate that the petitioner has been detained as "bootlegger" on the basis of two offences registered with Pethapur Police Station under the provisions of the Prohibition Act and treated the petitioner to be "bootlegger" as defined under Sec. 2(b) of the Act.