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2024 Supreme(Guj) 895

A. Y. KOGJE, SAMIR J. DAVE
Chiragbhai S/O Jagdishbhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. KISHAN H DAIYA
For the Respondent: MR ROHAN RAVAL,

JUDGMENT :

A.Y. KOGJE, J.

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

    “B) That this Hon’ble Court may be pleased to allow this present Special Civil Application by issuing writ of habeas corpus or any other appropriate writ, order or direction quashing and setting aside the impugned order of detention Anx-A dated 28.09.2023 passed by respondent no.2.”

2. Thus, essentially, the challenge is to the order of detention dated 28.09.2023 passed by the Police Commissioner, Surat, 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 detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of

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