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2018 Supreme(Guj) 104

S.G.SHAH
MOHAMAD SADAB RAJJABALI JAHIDALI ANSARI – Appellant
Versus
COMMISSIONER OF POLICE AHMEDABAD CITY – Respondent


Advocates Appeared:
For the Petitioner:MR SANJAY PRAJAPATI, ADVOCATE.
For the Respondent: MR.BHARAT VYAS, AGP.

JUDGMENT :

1. This petition is directed against the order of detention dated 12.11.2017 passed by the respondent no.1 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 dangerous person as defined under section 2[c] of the Act.

2. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground that the registration of three offences by itself cannot bring the case of the detenue within the purview of definition of dangerous person under Section 2[c] of the Act. Learned counsel for the detenue further submits that the illegal activity carried out as alleged, cannot have any nexus or bearing with the maintenance of the public order and at the most it can be said to be breach of law and order. Further, except statements of witnesses and registration of FIRs, no other relevant or cogent material is available on record connecting the alleged anti-social activities of the detenue with breach of the public order.

3. Learned counsel for the detenue, placing reliance on the decisions reported in the cas













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