LAWS(GJH)-2008-3-260

LILABEN RAJUBHAI BABUBHAI CHUNARA Vs. COMMISSIONER OF POLICE

Decided On March 11, 2008
Lilaben Rajubhai Babubhai Chunara Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) HEARD Mr.B.S. Raiyani for the petitioner and learned A.G.P. Mr.Apurva A. Dave, 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 12 -7 -2007 passed by the Police Commissioner, Ahmedabad 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 six cases ? CR no.5263/2005 dt.27 -5 -2005, CR no.5219/2006 dt.5 -8 -2006, CR no.5405/2006 dt.30 -11 -2006, CR no.5097/2007 dated 21 -2 -2007, CR no.5160/2007 dated 23 -3 -2007 and CR no.5248/2007 dated 13 -6 -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. She was found to be in possession of total 19 litres of country liquor in the said offences.