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2022 Supreme(Guj) 531

S.H.VORA, SANDEEP N.BHATT
ISMAILBHAI BAKARBHAI DAUDBHAI DHUKKA THROUGH HIS NEPHEW BILALBHAI HIDAYATULLAH DHUKKA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR NK MAJMUDAR
For the Respondent: MR SHAHIL TRIVEDI

JUDGMENT :

S.H.VORA, J.

1. Heard learned advocates appearing for the respective parties.

2. The present petition is directed against order of detention dated 03.01.2022 passed by the respondent – detaining authority 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 petitioner – detenue as defined under section 2(bbb) of the Act.

3. 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 of registration of offences under the provisions of Sections 5(1), 5(1)(a), 8(2) and 8(4) of the Gujarat Animal Preservation (Amendment) Act, 2017 and under Sections 6(b)(I), 2 of the Gujarat Animal Preservation (Amendment) Act, 2011 and under Sections 295-A, 429 and 114 of IPC and under Sections 11(1)(k) and 38(3) of Prevention of Cruelty to Animal Act and under section 119 of GP Act, by itself cannot bring the case of the detenue within the purview of definition under section 2(bbb) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been

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