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1989 Supreme(Guj) 84

A.P.RAVANI, J.U.MEHTA
SINDHI LOHANA RAVCHAND GOPALDAS – Appellant
Versus
DISTRICT MAGISTRATE,junagadh – Respondent


Advocates Appeared: H.B.BAREJIA, R.P.SOLANKI

A. P. RAVANI, J.

( 1 ) THE petitioner has been detained under the provisions of the Gujarat Prevention of Anti-Social Activities Act 1985 (for short PASA) pursuant to order dated 21/09/1988 passed by the detaining authority (District Magistrate; Junagadh) inter alia on the ground that he is a bootlegger within the meaning of term defined under the PASA and his activity as bootlegger prejudicial to the maintenance of the public order.

( 2 ) IN the grounds of detention served upon petitioner it is disclosed that there were in all 23 Criminal Cases against the petitioner during the years 1984 to 1988. Out of the 23 cases 12 cases were pertaining to the storage sale and/or consumption of prohibited liquor registered under the provisions of Bombay Prohibition Act 1949 Out of these 12 cases he was acquitted in 5 cases and other cases were pending in the Court. Over and above the aforesaid criminal cases the detaining authority has relied upon the statements of five witnesses. These witnesses as mentioned to the grounds of detention have stated that the petitioner had engaged himself in manufacturing country liquor and storing and selling the same. That he was intimidating the witnesses an






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