CHANDABIBI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Chandbibi W/o. Ibrahim Abdul Haji Sheikh, petitioner-detenu has filed this habeas corpus petition under Article 226 of the Constitution of India for quashing and setting aside the order of detention dated 16/9/2005 passed by the Police Commissioner, Surat. Petition was filed on 12/12/2005. On 16/12/2005, this Court (Coram: K.M. Mehta, J.) has issued rule which is returnable on 23/12/2005. On behalf of respondent, Mr. L.R. Pujari, learned APP appears. So, with consent of parties, matter has been taken up for final hearing.

(2.) Mr. K. D. Parmar, learned advocate appears on behalf of the petitioner- detenu. The learned advocate for the petitioner-detenu has invited my attention to the order of detention dated 16/9/2005 passed by the authority under the provisions of PASA Act and order of committal dated 16/9/2005 wherein the petitioner-detenu has been detained in Vadodara Jail. He has also invited my attention to the grounds furnished by the authority to the petitioner. The said grounds of detention revels one solitary offence, committed under jurisdiction of Udhna Police Station in connection with Cr. Case No.473 of 2005 dated 10/8/2005 under the provisions of Section 66(1)(B), 65(B) (A) and 81 of the Bombay Prohibition Act. It is alleged that petitioner was storing 397 bottles of country made liquor valued at Rs.11,370/-.

(3.) The authority has also stated that as petitioner is carrying on anti social activities as carrying on business of liquor end therefore, he is 'bootlegger' under the provisions of the PASA Act as the activities of the petitioner affects the public health in this behalf. Petitioner has made representation before the authority on 21/11/2005.