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2016 Supreme(Guj) 1747

S.H.VORA
Ayubkhan @ Samir @ Kaliyo Abdulrehman Pathan – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mufizahmed Kadri.
For the Respondents: Mr. Devang Dave.

JUDGMENT :

S.H VORA, J.

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.R/s for the offence punishable under Sections 379, 392 and 114 of the Indian Penal Code.

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 r












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