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1996 Supreme(Guj) 486

M.R.CALLA
Rajendra Bachubhai Rathod – Appellant
Versus
Commissioner of Police – Respondent


Advocates Appeared: D.R.Kachhavah, NIGAM R.SHUKLA

M. R. CALLA, J.

( 1 ) THROUGH this Special Civil Application under Art. 226 of the constitution of India the petitioner has challenged the order of detention dated 12. 4. 1996 passed by the Commissioner of Police, Ahmedabad City under the provisions of prevention of Antisocial Activities Act, 1985. The order of detention was executed on 13. 4. 1996 and since then the petitioner is under detention lodged in the Rajkot District jail, Rajkot. This Special Civil Application was filed on 4. 6. 1996 and on 5. 6. 1996 Rule returnable on 24. 6. 1996 was issued and an affidavit-in-reply dated 25. 9. 1996 has been filed by the Detaining Authority.

( 2 ) THE grounds of detention which were supplied to the detenu- petitioner along with the detention order show that the petitioner and his associates are engaged in sale of country made liquor in the area of Dani Limda Police Station in Ahmedabad City and he is carrying on antisocial activities. Two Criminal Cases No. 55/96 and 60/96 under the prohibition Act were under investigation at the time when the detention order was passed and in Criminal Case No. 55/96, the allegation is with regard to 600 liters of country liquor worth Rs. 15,000/- and



















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