JAYRAJ @ JAYESH BHANJIBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner -detenue has challenged the order of detention dated 17th October 2014 passed by the District Magistrate, Bhavnagar, 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 17 th October 2014, the detaining authority has relied upon three cases, (i) registered with the D -Division Police Station, Bhavnagar, vide CR No.300 of 2014 for the offence punishable under Sections 66(B), 65(A) (E) and 116(B) of the Prohibition Act, (ii) registered with the Shihor Police Station, Bhavnagar, vide CR No.361 of 2014 for the offence punishable under Sections 66(B), 65(A)(E) and 116(B) of the Prohibition Act, and (iii) registered with the Vartej Police Station, Bhavnagar, vide CR No.189 of 2014 for the offence punishable under Sections 66(B), 65(A)(E), 81, 116(B) and 98 -C of the Prohibition Act.

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