AMINABEN AKIBHUSSAIN AHEMADHUSSAIN MALEK Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) LEAVE to amend the actual date of detention. Heard Ms. J.C.Bhatt 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 -detenue has challenged the legality and validity of the order of detention dated 8 -12 -2007 passed by the District Magistrate, Vadodara 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 she 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 and 116(B) of the Bombay Prohibition Act registered as CR no.496 of 2007 dt.17 -11 -2007 and the statement of the accused in the prohibition case. The learned Advocate for the petitioner -detenu has assailed the order under challenge on various grounds. However,this petition is capable of being disposed of on the sole ground as to whether there was credible material placed before the detaining authority to come to the conclusion that by the activities of the petitioner, public order was disturbed or that public health was disturbed adversely.