JAGUBHAI VALABHAI VALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed against the order of detention dated 16.07.2018 passed by the Respondent No.2 being the District Magistrate, Bhavnagar. The case of the petitioner is that the petitioner was arraigned in almost five offences for the offences punishable under Sections 65, 66, 98, 99, 81 and 116(b) of the Prohibition Act and the allied sections.

(2.) To give the chronology of said information, particulars are enlisted hereinafter.

(3.) It is the case of the petitioner that the allegations which are levelled in all these offences are not correct and the detention order is passed upon vague ground. There is no adequate material which would justify the authority to brand the petitioner as 'Bootlegger' as defined under Section 2(b) of the Gujarat Prevention of Antisocial Activities Act ('the PASA Act' for short). Resultantly, the order of detention is assailed by the petitioner through his brother Vikrambhai Valabhai. The petition was admitted on 03.08.2018 and in view of an order of seriatim it has come up for consideration before this Court for final hearing. As a result of this, the Court has heard matter at length on 16.10.2018.