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2014 Supreme(Guj) 329

S.H.VORA
NANDKISHOR ALIAS MUNNA RAMABHAI RAJPUT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared
MS SUBHADRA G PATEL, ADVOCATE for the Petitioner(s) No. 1
MR MIHIR BHATT, ASST.GOVERNMENT PLEADER for the Respondent(s) No. 1, 3
RULE SERVED BY DS for the Respondent(s) No. 1 - 2

JUDGMENT

1. Perused the petition, materials supplied to the detenu, detention order and affidavit-in-reply filed by the detaining authority and heard learned advocate Ms.Patel for the petitioner and learned A.G.P. Mr.Bhatt for the respondent- State.

2. This petition under Article 226 of the Constitution of India is directed against the order of detention dated 22.10.2013 passed by the respondent authority 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.

3. Learned advocate for the detenue submits that order of detention impugned in this petition deserves to be quashed and set aside on the ground that two offences registered against the detenu before the concerned police station vide III C.R. Nos.667/2012 and 743/2013 for the offences punishable under Sections 66(b), 65(e) and 81 of Prohibition Act are not of such magnitude and intensity as to have the effect of disturbing the public order so as to pass an order under Section 3(1) of the PASA Act. Learned advocate for the petitioner has further submitted that the detai












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