NASIR KALUBHAI SHAIKH 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 5.7.2008 passed by the respondent No.2-Police Commissioner, Ahmedabad 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 District Jail, Porbandar.

(2.) Heard the learned advocate for the detenu and learned AGP Mr.Pujari 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 CR No.3118 of 2008 registered with Danilimda Police Station for the offences punishable under the provisions of the Bombay Prohibition Act.