MAHEBOOBSHAH ANWARSHAH FAKIR Vs. THE COMMISSIONER OF POLICE

JUDGEMENT

(1.) xxx xxx xxx.

(2.) The grounds of detention as placed on record reveal that the detaining authority took into consideration the fact of filing of a solitary crime against the petitioner before Prohibition Police Station, North Zone, on 10th of November, 2004, under the Bombay Prohibition Act, whereby it was alleged that the petitioner was found in possession of 456 bottles of prohibited liquor and 84 bottles of prohibited beer. The detaining authority thoroughly and exhaustively examined the investigation papers in the abovesaid case registered against the petitioner and came to the conclusion that the petitioner was dealing in storing, selling and transporting the prohibited liquor. The detaining authority concluded that the activities of the petitioner were of bootlegging activities within the meaning of the PASA Act. The detaining authority reached to the conclusion that the activities of the petitioner were required to be prevented forthwith. The detaining authority, therefore, reached to the subjective satisfaction that to prevent the bootlegging activities of the petitioner forthwith, there was no alternative, except to detain the petitioner under the PASA Act. The detaining authority, therefore, after taking into consideration other remedial measures available under the general law, passed the order of detention of the petitioner under the PASA Act, which is under challenge in this petition.

(3.) xxx xxx xxx.