LAWS(GJH)-2015-1-168

DHARMENDRA @ DHAMO BHAVARLAL KHATIK Vs. STATE OF GUJARAT

Decided On January 06, 2015
Dharmendra @ Dhamo Bhavarlal Khatik Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner -detenue has challenged the order of detention dated 8 th October 2014 passed by the Police Commissioner, Ahmedabad city, in exercise of powers conferred on him under sub -section(1) of Section 3 of the Gujarat Prevention of Antisocial Activities Act, 1985 (for short, 'the PASA Act') and has also prayed for an order to set him free from detention.

(2.) I take notice of the fact that the petitioner has been detained as a 'bootlegger'. I also take notice of the fact that in the grounds of detention order dated 8th October 2014, the detaining authority has relied upon three cases registered with the Odhav Police Station vide CR No.5025 of 2014 for the offence punishable under Sections 66B, 65AE, 116B and 81 of the Prohibition Act, CR No.5049 of 2014 for the offence punishable under Sections 66B, 65AE, 116B and 81 of the Prohibition Act, and CR No.5384 of 2014 for the offence punishable under Sections 66B, 65AE, 116B and 81 of the Prohibition Act.

(3.) Section 2(b) of the PASA Act defines the term 'bootlegger', which reads as under: -