SIKANDER AMADBHAI SANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEAVE to amend the actual date of detention to 21 -12 -2007. Heard Mr.M.M.Tirmizi, 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 16 -12 -20072007 passed by the Police Commissioner, Rajkot 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 himself in the illegal sale and distribution of foreign liquor. While passing the order of detention the detaining authority has considered the fact of registration of three cases. CR no.615/2007 dt.30 -11 -2007 , CR no.617/2007 dt.1 -12 -2007, and CR no.618/2007 dated 1 -12 -2007 all for the offence punishable under Secs.66B, 65E, 116B,81,83 and 98G of the Bombay Prohibition Act and the statement of the accused in the prohibition cases. He was found to be in possession of total 262 bottles of foreign liquor in the said offences.