PRATAP VAJESING PARMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) HEARD Ms. Nitu S.Bhatiya for the petitioner and learned A.G.P. Ms. Archana Raval for the respondents.

(2.) BY way of the the present petition, the petitioner has challenged the legality and validity of the order of detention dated 25 -7 -2007 passed by the Police Commissioner, Ahmedabad City, against the detenu in exercise of powers under the provisions of the Gujarat Prevention of Anti -Social Activities Act, 1985( for short "the Act").

(3.) THE 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 country liquor. While passing the order of detention the detaining authority has considered the fact of registration of five cases CR no.5159/2005 dt.25 -3 -2005 , CR no.435/2006 dt.23 -2 -2006 CR no.1204/2006 dt.20 -5 -2006, CR no.5561/2006 dt.25 -11 -2006 and CR no.5372/2007 dated 25 -6 -2007 all for the offence punishable under Secs.66B/66.1B, 65E and 81 of the Bombay Prohibition Act and the statement of the accused in the prohibition cases. He was found to be in possession of total 61 litres of country liquor in the said offences.