RAMCHANDRA JAVANMALJI KALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.A.R.Shaikh for the petitioner and learned A.G.P. Mr.U.H.Oza, for the respondents. The affidavit in reply tendered on behalf of the respondent no.2 is taken o record and considered.

(2.) BY way of the the present petition, the petitioner -detenu has challenged the legality and validity of the order of detention dated 4 -8 -2007 passed by the Police Commissioner, Surat City, 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 -detenue 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 country liquor and 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 66(1)B, 65EA,81 and 116(1)B of the Bombay Prohibition Act registered as CR no.III 1206 of 2007 and the statement of the accused in the prohibition case.