IRFAN JAANMOHAMMADBHAI MEENU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.K.D.Parmar for the petitioner and learned A.G.P. Mr.L.R.Pujari for the respondents. The affidavit -in -reply tendered on behalf of the respondent no.2 is ordered to be taken on record and considered.

(2.) 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 country. While passing the order of detention the detaining authority has mainly considered the fact of registration of a single offence punishable under Sections 66B, 65E,of the Bombay Prohibition Act registered as CR no.III 497 of 2007 and the statement of the accused in the probibition case.

(3.) 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.