JUDGMENT :

A.Y. Kogje, J.

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

“(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, quashing and setting aside the impugned order of detention dated 06/10/2023 NO.DM 1 PASACASE77/2023 at Annexure-A passed by the respondent No.2 herein and further be pleased to issue a writ of Habeas Corpus, directing the respondents to release the detenu, Vijaybhai @ Micheal @ Radhe Tlshibhai Chudasama from detention forthwith”

2. Thus, essentially, the challenge is to the order of detention dated 06.10.2023 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 Sections of 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 det