RAVIBHAI BHANGIBHAI MAKVANA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) HEARD Mr. Chetan B.Raval for the petitioner and learned A.G.P. Ms. Mini Nair for the respondents.

(2.) BY way of the the present petition, the petitioner -detenue has challenged the legality and validity of the order of detention dated 24 -11 -2008 passed by the District Magistrate,Bhavnagar, 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 Section 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 two cases - CR No. 143/2008 dt.14 -8 -2008 for the offences punishable under Sections 66B, 65AE, 81 and 116(B) of the Bombay Prohibition Act and CR No. 188/2008 dt.27 -10 -2008 for the offences punishable under Sections 66B,65AE,81,116(B) and 98(G) and the statement of the accused in the prohibition cases. He was found to be in possession of total 3 Beer Tins in pursuance of C.R. No. 143/2008 and 300 bottles of Foreign Liquor of different brands and 202 Beer Tins in pursuance of C.R. No. 188/2008 in the said offences.