DINESH @ BERIYO PALSING GURKHA Vs. COMMISSIONER OF POLICE
LAWS(GJH)-2008-6-235
HIGH COURT OF GUJARAT
Decided on June 18,2008

Dinesh @ Beriyo Palsing Gurkha Appellant
VERSUS
COMMISSIONER OF POLICE Respondents

JUDGEMENT

- (1.) HEARD Ms.B.S.Dutta for the petitioner and learned A.G.P. Mr.Vinay Pandya 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 4 -12 -2007 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 9 cases CR no.96/2007 dt.10 -3 -2007 , CR no.103/2007 dt.18 -3 -2007, CR no.133/2007 dt.31 -3 -2007, CR no.238/2007 dt.16 -6 -2007, 253/2007 dt.25 -6 -2007, CR no.383/2007 dt.26 -8 -2007, CR no.430/2007 dt.18 -9 -2007, CR no.436/2007 dt.20 -9 -2007 and CR no.513/2007 dt.31 -10 -2007 all for the offence punishable under Secs.66B, 65E, of the Bombay Prohibition Act and the statement of the accused in the prohibition cases. He was found to be in possession of total 204 litres of country liquor in the said offences. 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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