CHAMPAKBHAI MADHUBHAI VASAVA Vs. DISTRICT MAGISTRATE BHARUCH

JUDGEMENT

(1.) The present Letters Patent Appeal is directed against the judgment and order of the learned single Judge rejecting Special Civil Application No. 4414 of 1996 which was filed against the order of preventive detention.

(2.) The appellant-detenu came to be detained by an order dated 12-4-1996 by the District Magistrate, Bharuch, under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as the "Act"). The appellant is under detention since 15-4-1996.

(3.) The grounds of detention indicate that the appellant is involved in three cases registered against him under the Bombay Prohibition Act, being Criminal Case No. 564 of 1994 dated 3-12-1994, Criminal Case No. 115 of 1996 dated 20-3-1996 and Criminal Case No. 116 of 1996 dated 21- 3-1996. From the order passed by the learned single Judge it transpires that the petitioner was involved in all these cases as he was engaged in transporting foreign liquor in huge quantity, i.e. 3137 bottles worth Rs. 94,110/-, 1260 bottles of foreign liquor worth Rs. 54,000/- and 2675 bottles of foreign liquor worth Rs. 1,46,900/- these bottles were recovered from the petitioner in the aforesaid three cases respectively and the appellant-detenu is facing trial in all these cases before the Court. The detaining authority discussed the statements of five witnesses which were made to the Police Inspector, Police Station, Rajpipla, on 21- 10-1995, 21-11-1995, 7-12-1995, 16-1- 1996 and 22-2-1996 with regard to the incident dated 16-10-1995, .17-11-1995, 1- 12-1995, 6-1-1996 and 17-2-1996 respectively.