KALIBEN BACHUBHAI GOVINDBHAI VAJA 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 24. 1. 2009 passed by the respondent No. 2-District Magistrate, Junagadh, 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 District Jail, Surat.

(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 one offence being III-CR No. 5171 of 2008 registered with Veraval City Police Station for the offences punishable under the provisions of the Bombay Prohibition Act.