BHUPATBHAI LAGDHIRBHAI KATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.A.R.Shaikh for the petitioner and learned A.G.P. Mr.A.J.Desai 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 -12 -2007 passed by the District Magistrate, Surendranagar, 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.5128 dt.4 -11 -2006 , CR no.5138/2006 dt.22 -11 -2006, CR no.5009/2007 and CR no.5087 dt.9 -7 -2007 all for the offence punishable under Secs.66B, 65EF, 65F, 66(1)(B) and 85(1)(3) 81 and 81 of the Bombay Prohibition Act and the statement of the accused in the prohibition cases. He was found to be storing and selling country liquor in the said offences.