JUDGMENT :

A.Y. KOGJE, J.

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

“(B) Be pleased to issue a writ of mandamus or a writ of certiorari or any other appropriate writ, direction or order by quashing and setting aside the detention order dated 04-10-2023 at Annex ‘A’ passed by the Respondent No. 2 and further be pleased to direct the Respondent authorities-Respondent No. 3 to release the petitioner-detenu from the detention forthwith.”

2. Thus, essentially, the challenge is to the order of detention dated 04.10.2023 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, le