JITUBHAI DAHYABHAI SOSA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEAVE to amend the actual date of detention to 15 -12 -2007. Heard Mr.Javed D.Sindhi 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 9 -12 -2007 passed by the District Magistrate,Junagadh, 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 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, 83 and 116(2)B of the Bombay Prohibition Act registered as CR no.III 263 of 2007 and the statement of the accused in the prohibition case.