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2021 Supreme(Bom) 1202

S.S.SHINDE, N.J.JAMADAR
Rahul Jyoti Sahani – Appellant
Versus
Union Territory Of Daman & Diu – Respondent


Advocates appeared:
Sudeep Pasbola, Advocate, Karl Rustomkhan, Advocate, H.S. Venegavkar, Advocate, S.R. Shinde, Advocate

JUDGMENT

N.J. Jamadar, J. - Rule. Rule made returnable forthwith and, with the consent of the learned counsels for the parties, heard finally.

2. In this petition, the petitioner-detenue assails the detention order passed by the respondent No.2-District Magistrate, Dadra and Nagar Haveli, on 29th January 2021 in exercise of the powers conferred on him under section 3(2) of the Gujarat Prevention of Anti-social Activities Act, 1985 ('The Act, 1985') as extended to the Union Territory of Dadra and Nagar Haveli.

3. The petition arises in the backdrop of the following facts :-

(a) The petitioner claimed to be a Manager of Hotel Malhar Bar and Restaurant, Silvassa. Pursuant to a telephonic information, raid was conducted by Crime Branch, Dadra and Nagar Haveli at Hotel Malhar. It transpired that large quantity of Indian made foreign liquor (IMFL/Beer) was unloaded from a tempo of Eicher make bearing registration No. DN-09-C-9639 and stored in room at the said hotel. Upon further investigation, it was revealed that 3743 litres liquor was sold in the said hotel from 19th November 2020 to 12th January 2021, which was highly unlikely having regard to the occupancy and footfall in the Hotel Mah

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