ZUBER SATTARBHAI MEMON Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) HEARD Ms.Chetan B.Raval for the petitioner and learned AGP Mr.D.R.Chauhan for the respondents.

(2.) BY way of the the present petition, the petitioner -detenue has challenged the legality and validity of the order of detention dated 14.03.2008 passed by the Police Commissioner, Ahmedabad 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 foreign liquor. While passing the order of detention the detaining authority has considered the fact of registration of three cases - CR no.5207/2007 dt.05.09.2007, CR no.5051/2008 dt.26.02.2008 and CR no.5052/2008 dt.27.02.2008, first to be punishable under Sections 661B, 65AE, 116B and 81 and other two for the offence punishable under Secs.66 1B, 65AE of the Bombay Prohibition Act and the statement of the accused in the prohibition cases. The petitioner -detenu was found in possession of total 183 litres of foreign liquor.