RAMSINGBHAI CHHIMATIYA RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Shri N K Majmudar learned advocate for the petitioner and learned AGP Shri L R Pujari for the respondents State.

(2.) BY way of the present petition, the petitioner-detenu has challenged the legality and validity of the order of detention dated 23. 02. 2007 passed by the District Magistrate, Vadodara in exercise of powers under the provisions of the Gujarat Prevention of Anti-social Activities Act, 1985 ( for short, Sthe Act ).

(3.) THE petitioner-detenu is branded as a SBootlegger within the meaning of Section 2 (b) of the Act as he was found involved in offence under the Bombay Prohibition Act by engaging himself in the illegal sale and distribution of foreign made liquor. While passing the order of detention the detaining authority has mainly considered the fact of registration of a single offence punishable under Sections 66 (1) (b), 65ae, 81 and 116 (1) of Bombay Prohibition Act registered as CR No. 2/2007 and the statement of the accused in prohibition cases.