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2022 Supreme(Guj) 1691

ASHOKKUMAR C. JOSHI
Aamirkhan Munavarkhan Pathan Through Rehanabibi Munavarkhan Pathan – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Gulshad G. Pathan.
For the Respondent: Ms. Megha Chitaliya.

JUDGMENT :

1. Heard learned advocates appearing for the respective parties.

2. The present petition is directed against an order of detention dated 14.12.2021 passed by the respondent No. 2 in exercise of the powers conferred under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as “the Act”).

3. Brief facts leading to the present petition are that the petitioner is ordered to be detained by the order dated 14.12.2021 passed by the respondent No.2 with a view to preventing him from acting in any manner prejudicial to the maintenance of the public order in exercise of powers conferred by Sub-section (1) of Section (3) of the Act.

4. The 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 registration of solitary offence under Sections 8(c), 20(b) and 29 of the NDPS Act, by itself cannot bring the case of the detenue within the purview of definition under Section 3(1) of the Act. He has contended that the order passed by the authority is without application of mind. To substantiate his argument, the learne

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