BRIJMOHAN RAMBHANSING RAJPUT Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) The petitioner challenges the order of preventive detention dated 1 9/08/1998, made by the Commissioner of Police. Ahmedabad City, under the powers conferred upon him under sub-section (1) of section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as `the Act').

(3.) Along with the order of detention, the petitioner has been served with the grounds of detention. It is alleged that the petitioner is a bootlegger and is dealing in country liquor. 7 offences for violation of prohibition law have been registered against the petitioner during the months of April to June 1998, three of the cases are pending trial, whereas rest of the four cases are pending investigation. In each of the cases, substantial quantity of country liquor has been found from the possession of the petitioner. Besides, two witnesses, whose identity has been withheld, have deposed in respect of the petitioner's bootlegging activities, and consequential breach of public order. Hence, the petitioner is held to be a 'bootlegger' and his activities are found to be prejudicial to the maintenance of public order.