MALSINH MANGALSINH SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Ms.S.G.Patel, for the petitioner and learned A.G.P. Ms. Bhavika Kotecha,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 3 -12 -2007 passed by the District Magistrate, Kheda, Nadiad, in exercise of powers under the provisions of the Gujarat Prevention of Anti -Social Activities Act, 1985( for short Sthe Act).

(3.) THE petitioner -detenu is branded as a S 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 prohibited foreign liquor. While passing the order of detention the detaining authority has considered the fact of registration of two cases CR no.260/2007 dt.20 -11 -2007, CR no.116/2006 dt.27 -8 -2006 one for the offence punishable under Secs.66(1)B, 65AE, 116(k), 81 and of the Bombay Prohibition Act while the other for the offence punishable under Sections 504, 506() and 114 of the Indian Penal Code and the statement of the accused in the prohibition cases.