LAWS(GJH)-2008-3-193

RAJUBHAI CHHAGANBHAI KAHAR Vs. COMMISSIONER OF POLICE, BARODA

Decided On March 04, 2008
Rajubhai Chhaganbhai Kahar Appellant
V/S
Commissioner Of Police, Baroda Respondents

JUDGEMENT

(1.) HEARD Ms. Banna Dutta 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 -detenu has challenged the legality and validity of the order of detention dated 3 -8 -2007 passed by the Police Commissioner, Vadodara City,against him 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 country liquor. While passing the order of detention the detaining authority has considered the fact of registration of four cases ? CR no.III 170/2007 dt.2 -2 -2007 , CR no.III 728/2007 dt.20 -6 -2007, CR no.III 837/2007 dt.14 -7 -2007 and CR no.III 879/2007 dt.22 -7 -2007 all for the offence punishable under Secs.66B, 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 105 litres of country liquor in the said offences.