ISMAILBHAI HAIDERBHAI MIYANA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) HEARD Ms. Jayshree C.Bhatt for the petitioner and learned A.G.P. Mr.A.J.Desai 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 12 -12 -2007 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 country liquor. While passing the order of detention the detaining authority has considered the fact of registration of four cases CR no.5175/2007 dt.8 -8 -2007 , CR no.5231/2007 dt.24 -9 -2007, CR no.5238/2007 dt.1 -10 -2007 and CR no.5307/2007 dt.12 -11 -2007 all for the offence punishable under Secs.66B and 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 78 litres of country liquor in the said offences.