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2014 Supreme(Guj) 334

S.H.VORA
KULDIPSINH ALIAS KESARSINH NAVALSINH SINOL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared
MR HR PRAJAPATI, ADVOCATE for the Petitioner(s) No. 1
MS AMITA SHAH, AGP for the Respondent(s) No. 1

JUDGMENT

1. By way of this petition under Article 226 of the Constitution of India, the petitioners challenge the legality and validity of the order of detention dated 7/13.6.2013 passed by the respondent No.2 in purported exercise of powers under Sub-Section (2) of Section 3 of the

Gujarat Prevention of Anti-Social Activities Act, 1985 (for short, the 'Act') at predetention stage.

2. Brief facts as arising from the petition are that an F.I.R. being Prohibition C.R.No. 71 of 2013 for the offences punishable under Sections 66(b), 65(a)(e), 116B(1)(b) and 81 of the Bombay Prohibition Act on 8.5.2013 before Kheralu police station. It is alleged in the FIR that on the basis of secret information, raid was conducted at the house of one Jitaji Ataji Thakor of village Mandali. At the time of raid, 5 to 6 persons sitting there started running away. The police had caught hold some persons and the petitioner has been shown to have run away from the place of incident. From the house in question, stock of contraband IMFL bottles were recovered. Some stock was also found from the vehicles parked there. The petitioner has learnt from reliable sources that on the basis of the solitary prohibition of
















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