LAWS(GJH)-2020-10-369

JAGDISHBHAI Vs. STATE OF GUJARAT

Decided On October 21, 2020
Jagdishbhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned advocate Mr.Bharatkumar Desai for the petitioner and learned Assistant Government Pleader Ms.Asmita Patel for the respondent-State.

(2.) By filing this petition, the petitioner has prayed to set aside order of detention dated 19 th June, 2020 bearing No.26/2020 passed by respondent No.2-District Magistrate, Kheda at Nadiad in exercise of powers under section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985, treating the petitioner-detenue as "bootlegger" within the definition contained under section 2 of the Act.

(3.) The basis of the impugned detention order is registration of FIR Part C Crime Register No.447/2020 dated 12th May, 2020 in respect of the offences under sections 65(e), 67(a), 81 and 98(2) of the Gujarat Prohibition Act, registered with Kathlal Police Station. On account of the said alleged offences committed by the petitioner, a view is taken by the detaining authority that the act and conduct on part of the petitioner was prejudicial to the maintenance of public order.