LAWS(GJH)-2008-6-161

GAJRABEN DESAIBHAI MALI Vs. STATE OF GUJARAT

Decided On June 18, 2008
Gajraben Desaibhai Mali Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) HEARD Mr.A.R.Shaikh for the petitioner and learned A.G.P. Mr.U.H.Oza, 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 3 -12 -2007 passed by the Police Commissioner, Vadodara City, against her in exercise of powers under the provisions of the Gujarat Prevention of Anti -Social Activities Act, 1985( for short "the Act").

(3.) THE petitioner -detenue 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 herself 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 three cases CR no.III 837/2007 dt.1 -9 -2007, CR no.III 1036/2007 dt.25 -10 -2007,and CR no.III 1074/2007 dt.1 -11 -2007 all for the offence punishable under Secs.66(1)B, 65E, 65AE, 81,and 65F of the Bombay Prohibition Act and the statement of the accused in the prohibition cases. She was found to be in possession of total 45 litres of country liquor, 1200 litres of wash for storing liquor and 120 bottles of foreign liquor in the said offences.