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2020 Supreme(Guj) 889

VIKRAM NATH, J.B.PARDIWALA
Imran Alias Imlo S/O Hasanbhai Ismailbhai Kataria Throu Brother Irfan Jamalbhai Kataria – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Bhunesh C Rupera
For the Respondent: Mr Chintan Dave, AGP

JUDGMENT :

J.B. PARDIWALA, J.

1. This appeal under Clause 15 of the Letters Patent Act is at the instance of an unsuccessful writ applicant (detenue) of a writ application and is directed against the judgment and order passed by the learned Single Judge of this Court dated 16.09.2020 in the Special Civil Application No.7442 of 2020 by which the learned Single Judge rejected the writ application, thereby affirming the order of preventive detention dated 12.05.2020 passed against the appellant herein by the District Magistrate, Rajkot, in exercise of his powers under Section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “the Act 1985”) branding the applicant as a ‘dangerous person’, as defined under Section 2(c) of the Act 1985.

2. The learned Single Judge while rejecting the writ application observed thus :

    “6. Upon careful perusal of the order of detention, it appears that the petitioner has used lethal weapon by administering threat to the complainant and witnesses at public place. He was found with sword in all three offences.

7. Thus, from the order of the detention, it reveals that the petitioner has used lethal weapon by administering threat to the c

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