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2009 Supreme(Guj) 508

K.S.RADHAKRISHNAN, AKIL KURESHI
RAMESH VANDHA MODHW ADIYA THROUGH BROTHER, LAXMANBHAI VANDHABHAI MODHWADIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
B.M. Mangllkiya with Ms. Bela A. Prajapati, for the Appellant.
Mrs. Monali Bhatt, A.G.P., for Respondent No. 1.
None for Respondent Nos. 2 and 3.

K. S. RADHAKRISHNAN, C.J. This writ of habeas corpus has been preferred by the petitioner a 21 year old youth, through his brother, challenging the order of detention passed by the District Magistrate, Porbandar, in exercise of powers conferred on him under sub-sec. (2) of Sec. 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 (for short 'the P.A.S.A. Act') and also for an order to set him free from detention.

2. Learned Single Judge rejected the Special Civil Application after finding no illegality in the order of detention, against which, this appeal has been preferred.

3. Bagvadar Police Station on 12-2-2008 received a complaint from one Bhimabha Ranmalbhai Modhwadiya against the detenu, his father and two others stating that in the evening of 10-2-2008 while a programme of devotional songs/ bhajan was going on at Lirbai Mataji Temple at village Modhwada in commemoration of the death anniversary of the priest of the said temple, Ghogha Maharaj, one Vandha Lila, the father of the detenu along with three others arrived at that place and tried to disrupt the programme. Vandha Lila, it was alleged was carrying a pistol with him and had threatened the crowd not to depose










































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