JUDGMENT :

A.Y. KOGJE, J.

1. This petition under Article 226 of the Constitution of India is filed for following relief:

“(A) Your Lordship may be pleased to pass any appropriate writ and/or writ of mandamus and/or writ of habeas corpus be issued and the order of detention dated 5.9.2023 passed by the respondent no. 2 herein at Annexure-A may be set aside and the respondents be directed to set the detenu at liberty forthwith.”

2. Thus, essentially, the challenge is to the order of detention dated 05.09.2023 passed by the District Magistrate, Bhavnagar, respondent No. 2 herein, by which the petitioner has been detained as a “bootlegger” based on solitary offence registered against him.

3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of the solitary offence under the Prohibition Act by itself cannot bring the case of the detenue within the purview of definition under section 2(b) of the Act. Further, learned Advocate for the detenue submits that illegal activity likely