BHIMABHAI BHANUBHAI KUNKNA Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) By filing this petition, the petitioner detenu has challenged the detention order dated 09.03.2005 passed by the District Magistrate, Valsad in exercise of the powers conferred upon him under sub-section (2) of Section 3 of the Gujarat Prevention Anti-Social Activities Act, 1985 (the for short), as, the bootlegger and is required to be detained under the preventive detention, so that, he may not continue with such type of illegal activities.

(2.) Along with the detention order, the detenu was also served with the grounds of detention of the same date. In the said grounds, there is a reference to three criminal cases which are filed under the Indian Penal Code.

(3.) Learned advocate appearing on behalf of the petitioner detenu has submitted that there is delay in passing the detention order against the petitioner. The last offence was registered against the petitioner on 16.1.2005 and the detention order came to be passed on 09.03.2005. Learned advocate appearing for the petitioner has relied upon the decision of this court in the case of Elesh Nandubhai Patel V/s Commissioner of Police, 1997(1) GLH 381, wherein this Court has observed as under in paragraph 21 :