JUDGMENT :

SAMIR J. DAVE, J.

1. By way of this petition, the petitioner-detenue has challenged the order of detention dated 25.09.2023 passed by the Commissioner of Police, Surat City, in exercise of powers conferred on him under sub-section(1) of Section 3 of the Gujarat Prevention of Antisocial Activities Act, 1985 (for short, 'the PASA Act') and has also prayed for an order to set him free from detention.

2. This Court has taken note of the fact that the petitioner has been detained as a 'bootlegger'. It also appears that in the grounds of detention order dated 25.09.2023, the detaining authority has relied upon solitary offence registered with Althan Police Station vide C.R. No.11210069230566 for the offence punishable under Sections 65(A)(E), 81, 116(B) of the Prohibition Act.

3. Section 2(b) of the PASA Act defines the term 'bootlegger', which reads as under:-

“S.2(b) "bootlegger" means a person who distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any provision of the Bombay Prohibition Act, 1949 (Bom.XXV of 1949) and the rules and orders made thereunder, or of any other law for