DINESH MATHURBHAI PARMAR THRO FATHER MATHURBHAI SOMABHAI Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Dinesh Mathurbhai Parmar Thro Father Mathurbhai Somabhai
STATE OF GUJARAT
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(1.) HEARD Mr.H.R.Prajapati for the petitioner and learned AGP Mr.D.R.Chauhan for the respondents.
(2.) BY way of the the present petition, the petitioner -detenu has challenged the legality and validity of the order of detention dated 18.3.2008 passed by the Police Commissioner, Vadodara City, 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 Sec 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 offences two cases " CR no -III.1102/2007 under Sections 66B,65E of the Bombay Prohibition Act, CR no.III -17/2008 under Sections 66B,65E and 81 of the Bombay Prohibition Act and the statement of the accused in the prohibition cases. The petitioner -detenu was found in possession of total 27 litres of country liquor and and Bajaj Scooter No.G.J.6 -M -5213.
The learned Advocate for the petitioner -detenu has assailed the order under challenge on various grounds as mentioned in the memo of petition. However,this petition is capable of being disposed of on the sole ground as to whether there was cogent and credible material placed before the detaining authority to come to the conclusion that by the activities of the petitioner, the public order was disturbed.;
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