DHANRAV MANDAN CHARAN Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) HEARD Ms. J.C.Bhatt for the petitioner and learned A.G.P. Mr. A.J.Desai,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 30 -11 -2007 passed by the District Magistrate, Jamnagar, against him 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 offences under the Bombay Prohibition Act by engaging himself in the illegal sale and distribution of country liquor. While passing the order of detention the detaining authority has considered the fact of registration of three cases CR no. 165/2004 dt.21 -12 -2004, CR no.32/2005 dt.21 -3 -2005, CR no.98/2005 dt.17 -8 -2005, CR no.117/2005 dt.29 -9 -2005, CR no.161/2006 dt.21 -1 -2006, CR no.219/2007 all for the offence punishable under Secs.66B, and 65E of the Bombay Prohibition Act and the statement of the accused in the prohibition cases. She was found to be in possession of small quantity of country liquor in the said offences. The learned Advocate for the petitioner -detenu has assailed the order under challenge on various grounds as mentioned in the memo of petition. However,this petition is capable of being disposed of on the sole ground as to whether there was cogent and credible material placed before the detaining authority to come to the conclusion that by the activities of the petitioner, the public order was disturbed.