BHUPENDRABHAI MOHANLAL CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY filing the present petition under Article 226 of the Constitution of India, the petitioner-detenu has prayed to quash and set aside the order of detention dated 28. 1. 2009 passed by the respondent No. 2-District Magistrate, Vadodara, in exercise of power under sub-Section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "pasa Act") branding the detenu as a "bootlegger". In pursuance to the said order, the detenu has been detained in Ahmedabad Central Jail, Ahmedabad.

(2.) HEARD the learned advocate for the detenu and learned AGP for the respondents. No affidavit in reply is filed by the respondents controverting the averments made on behalf of the detenu.

(3.) THE detenu came to be detained as "bootlegger" in connection with two offences being CR Nos. 438 of 2008 and 12 of 2009 registered with Karjan Police Station for the offences punishable under the provisions of the Bombay Prohibition Act.