RANJITBHAI VIJAYBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY filing the present petition under Article 226 of the Constitution of India, maternal brother of the petitioner-detenu has prayed to quash and set aside the order of detention dated 26. 1. 2009 passed by the respondent No. 2-Police Commissioner, Rajkot City, 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 Palanpur Sub-jail, Palanpur.

(2.) HEARD the learned advocate for the detenu and learned AGP for the respondents. No affidavit has been filed on behalf of the respondents controverting the averments made in the petition on behalf of the detenu.

(3.) THE petitioner came to be detained as "bootlegger" in connection two offences being CR No. 77 of 2008 at "b" Division Police Station, and CR No. 24 of 2009 at Malaviyanagar Police Station respectively for the offences punishable under the provisions of the Bombay Prohibition Act.