BALVANT @ PRAKASH MANGALDAS NAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. H.R.Prajapati for the petitioner and learned AGP Mr.D.R.Chauhan for the respondents.

(2.) BY way of the the present petition, the petitioner -detenu has challenged the legality and validity of the order of detention dated 25.3.2008 passed by the Police Commissioner, Vadodara City, in exercise of powers under the provisions of the Gujarat Prevention of Anti -Social Activities Act, 1985( for short "the Act").

(3.) THE petitioner -detenu is branded as a "bootlegger" within the meaning of Sec.2 (b) of the Act as he was found involved in offence under the Bombay Prohibition Act by engaging in the transportation and illegal sale and distribution of prohibited foreign liquor. While passing the order of detention the detaining authority has mainly considered the fact of registration of a single offence punishable under Sections 66B, 65AE, 81,of the Bombay Prohibition Act registered as CR no.III -26/2008 and the statement of the accused in the prohibition case.