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2023 Supreme(Guj) 502

A. S. SUPEHIA, D. A. JOSHI
Parvez @ Muso Bashir Pathan – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR BHAGIRATH N PATEL
For the Respondent: MR ROHAN SHAH, AGP

JUDGMENT :

D.A. JOSHI, J.

1. Heard learned advocates appearing for the respective parties.

2. The present petition is directed against order of detention dated 20.1.2023 passed by the respondent – detaining authority in exercise of powers conferred under section 3 (1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “the Act”) by detaining the petitioner – detenu as defined under section 2 (c) of the Act.

3. Mr.Patel, learned advocate for the detenu submitted that the impugned order of detention of the detenu requires to be quashed and set aside because the detaining authority has passed order of detention solely on the ground of registration of two FIRs for the offences punishable under Sections 325, 504, 114 of the Indian Penal Code and 379, 381, 120(B) of the Indian Penal Code respectively by itself cannot bring the case of the detenu within the purview of definition under section 2 (c) of the Act. Learned advocate for the petitioner further submitted that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach

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