Mahammadmustkim vs State

Heard learned counsel for the parties.

This petition is directed against the order of detention dated 30.10.2009 passed by the respondent No.2 in exercise of powers conferred under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the detenue as a "bootlegger" as defined under Section 2(b) of the Act.

Since the co-detenue, Mohd. [email protected] Mohd. Ali Shaikh, has been released by order dated 10.05.2010 passed by this Court in Special Civil Application No.414 of 2010, the present application deserves to be allowed for the reasons stated in the said oder.

In the result, the petition is allowed. The order of detention dated 30.10.2009 passed by the respondent No.2 is quashed and set aside. The detenue, is ordered to be set at liberty forthwith if he is not required in connection with any other case. Rule is made absolute accordingly. Direct service is permitted.

[ANANT S. DAVE, J.] *pvv Top