RAJESH ALIAS RAJU DARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Ms. Krishna U. Mishra for the petitioner and learned A. G. P. Mr. Apurva A. Dave 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 29-6-2007 passed by the Police Commissioner, Surat 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 offences under the Bombay Prohibition Act by engaging in the transportation and illegal sale and distribution of prohibited beer bottles. 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 and 116 (1) of the Bombay Prohibition Act registered as CR no. III 872 of 2007 and the statement of the accused in the probibition case.