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2016 Supreme(Guj) 1537

S.H.VORA
Sumit Chamanbhai Sarvaiya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhavin S. Raiyani
For the Respondents: Devang Dave

JUDGMENT :

S.H. Vora, J.

1. Rule. Learned A.G.P. waives service of Rule for the respondent - State.

2. With the consent of the learned advocates appearing for the respective parties, the present petition is taken up for final hearing today.

3. By way of this petition under Article 226 of the Constitution of India, the petitioner prays to issue a writ of mandamus or any other appropriate writ, order or direction to set aside the order of detention, if any, passed by the detaining authority against the petitioner under the Gujarat Prevention of Anti-social Activities Act, 1985 (for short, the 'Act') in exercise of powers under Sub-Section (2) of Section 3 of the Act as being illegal, null and void, arbitrary, without jurisdiction and competence suffering from legal mala fides and violative of Articles 14, 19 and 21 of the Constitution of India.

4. The petitioner apprehends that the petitioner is likely to be detained under the Act on the pretext of F.I.Rs. for the offence punishable u/s. 25(1)(1-B)(A) of the Arms Act.

5. During the course of hearing, the State was directed to place on record the detention order for Court's perusal and consequently, the State has placed on record the detent













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