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1995 Supreme(Guj) 143

K.J.VAIDYA, SHARAD D.DAVE
ZUBEDABIBI RASIDKHAN PATHAN – Appellant
Versus
STATE – Respondent


Advocates Appeared: J.A.SHELAT, R.S.SANJANWALA

S. D. DAVE, J.

( 1 ) ). Arifkhan Pathan, the detenu has been detained preventively under the PASAA-1985 as a bootlegger vide the orders dated February 4, 1994, passed by the Commissioner of Police, City of Surat, the respondent No. 1 herein. These orders of detention are in challenge before us in the present petition, which has been filed by the mother Smt. Zubedabibi Pathan.

( 2 ) ). The grounds of detention bearing even date would go to show that, a subjective satisfaction has been recorded to the effect that, the detenu is a bootlegger. This subjective satisfaction admittedly rests upon certain prohibition cases registered against the detenu and the statements of the witnesses recorded by the Sponsoring authority. After reaching the subjective satisfaction that the detenu indulges in the nefarious activities as a bootlegger the detaining authority has proceeded further to say that the detenu has been released on bail by the competent Court in all the cases registered against him under the Bombay Prohibition Act, 1949. But as he has been released on the usual terms and conditions by the competent Court, and as the detenu has not committed any breach of any of the conditions impose








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