ORDER :

1. This petition is filed under Article 226 of the Constitution of India in which the petitioner has prayed for quashment of the order of detention, if any, passed by the detaining authority against the petitioner under the provisions of the Gujarat Prevention of Anti Social Activities Act, 1985 (herein after referred to as ‘PASA’), at pre-execution stage.

2. Heard learned advocate Mr.Barot for the petitioner and learned AGP Mr. Ayan Patel for the respondents.

3. Learned advocate for the petitioner has referred to the averments made in the memo of the petition and thereafter referred to the FIRs which are filed against the petitioner and submitted that the petitioner came to know that respondent-authority has passed the order of detention against the petitioner on the basis of the registration of the FIRs against the petitioner. The petitioner, has therefore filed present petition at pre-execution stage.

4. Learned advocate for the petitioner has placed reliance upon the decision rendered by the Hon’ble Supreme Court in the case of Additional Secretary to the Government of India and Others Versus Smt. Alka Subhash Gadia and Another. reported in 1992 (Suppl.) (1) SCC 496, and more particularly, paragraph 30 of the said decision. It is submitted that the case of the petitioner falls under the categories stated by the Hon’ble Supreme Court in the said paragraph.

5. Learned advocate for the petitioner has, thereafter placed reliance upon the decision rendered by the Full Bench of this Court in the case of Vijaysinh @ Gatti Pruthvisinh Rathod Vs. State of Gujarat and another reported in 2015 (1) GLR 703 and, after referring to the said decision, learned advocate for the petitioner submitted that this Court is empowered to interfere with the order of detention under certain circumstances at pre-execution stage. It is submitted that the case of the petitioner can be considered as rare or exceptional case.

6. Learned advocate for the petitioner has also placed reliance on the decision of the Hon’ble Supreme Court in the case of Rekha Versus State of Tamilnadu reported in 2011 (5) SCC 244 , more particularly, on paragraph 30.

7. Learned advocate for the petitioner has, therefore urged that the impugned order passed by the detaining authority be quashed and set aside.

8. Learned AGP at this stage has placed on record the order dated 25.10.2019 passed by the respondent detaining authority against the present petitioner. It is submitted that one FIR is registered against the petitioner under the Prohibition Act in the year 2017 and thereafter now another FIR is registered on 18.7.2019 against the petitioner under Section 307 of Indian Penal Code. It is submitted that the detaining authority has passed an order of detention relying upon the offence, which has been registered against the present petitioner. Learned AGP has referred to the said order of detention and thereafter contended that when the detaining authority has after application of mind passed an order of detention against the petitioner, this Court may not entertain this petition at pre-execution stage. It is therefore urged that this petition be dismissed. It is also contended that the case of the petitioner does not fall in the category of rate and exceptional case and learned AGP, therefore, urged that this petition be dismissed.

9. I have considered the submissions canvassed by learned advocates appearing for the parties. I have also perused the material placed on record. While deciding the petition filed at pre-execution stage by the concerned petitioner, this Court has to consider the relevant aspects as per the decision rendered by the Full Bench of this Court in the case of Vijaysinh @ Gatti Pruthvisinh Rathod Vs. State of Gujarat and another reported in 2015 (1) GLR 703. The Full Bench of this Court has held that the petition challenging the order of detention at pre-execution stage is maintainable, however, the powers can be exercised sparingly and in exceptional case