HIRABEN SADASHIV PAWAR Vs. COMMISSIONER OF POLICE BARODA
LAWS(GJH)-1988-8-15
HIGH COURT OF GUJARAT
Decided on August 19,1988

HIRABEN SADASHIV PAWAR Appellant
VERSUS
Commissioner Of Police, Baroda And Others Respondents





Cited Judgements :-

CHANDULAL JETHALAL JAISWAL VS. COMMISSIONER OF POLICE VADODARA [LAWS(GJH)-1990-1-6] [REFERRED]


JUDGEMENT

B.S.KAPADIA - (1.)The petitioner Hiraben Sadashiv Pawar who is the detenu has filed the present petition for a writ of habeas corpus with a prayer for setting aside the impugned order of detention passed against her and for setting her at liberty forthwith
(2.)The Commissioner of Police Baroda City on his being satisfied with the respect to the present petitioner that with a view to preventing her from acting in any manner prejudicial to the maintenance of public order in Baroda City it is necessary to make an order directing that she be detained has passed the impugned order on 1-3-1988 in exercise of the powers conferred on him by sub-sec. (2) of Sec. 3 of the Gujarat Prevention of Anti-Social Activities Act 1985 (hereinafter referred to as the Act). The said order is served on the petitioner on the same day and she was detained also on the same day. The petitioner was also served with the grounds of detention.
(3.)On perusal of the grounds it appears that there are about six prohibition cases filed against her. Two cases are of the year 1983 and they are in respect of the offences punishable under Secs. 66(1)(B) and 65E of the Bombay Prohibition Act. One case is of the year 1984 and it is for the similar offences under the Bombay Prohibition Act. There is also an offence registered against her in the year 1986 under the Bombay Prohibition Act. Two cases registered against the petitioner are of the year 1987 under the provisions of the Bombay Prohibition Act. It appears that in all the aforesaid cases large quantity of country liquor was taken possession of from the petitioner-detenu by the Police. It is also stated in the ground that she is carrying on bootlegging activities through her hired and salaried persons and similar six cases are also filed against her servants. There are six witnesses who have given statements about the petitioners bootlegging activities and the last statement was recorded on 31-12-1987.
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