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2020 Supreme(Guj) 707

BHARGAV D.KARIA
Shaikh Niyaz Anwarbhai – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M R Qureshi
For the Respondent: Ms Vrunda Shah, AGP

ORDER :

1. Heard learned advocate Mr. Abid Qureshi appearing on behalf of learned advocate Mr. M.R. Qureshi for the petitioner and learned Assistant Government Pleader Ms. Vrunda C. Shah for the respondent – State through video conference.

2. Learned advocate Mr. Qureshi states that this petition is filed on the basis of apprehension that whenever there is offence registered under the provisions of Gujarat Animal Preservation Act, the respondent authorities are passing the order of detention under the Gujarat Prevention of Anti Social Activities Act, 1985 (“PASA Act” for short) against the petitioner.

3. In view of the decision of this Court in case of Mukeshbhai Versibhai Desai v. State of Gujarat in Letters Patent Appeal No.108/2020, the apprehension shown by the learned advocate for the petitioner is not tenable in law. Division Bench of this Court has held in the said decision as under :

    “24. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that falls for our consideration is whether the learned Single Judge committed any error in passing the impugned judgment and order.

25 In the present case, the appellan

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