JUDGMENT :

A.S. SUPEHIA, J.

1. Heard learned advocates appearing for the respective parties.

2. The present petition is directed against order of detention dated 04.02.2023 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 – detenue as “common gaming house keeper” defined under section 2(bb) of the Act.

3. Mr.Soni, learned advocate for the detenue submitted that the impugned order of detention of the detenue requires to be quashed and set aside, because registration of one FIR for the offence under Sections 4 and 5 of the Gambling Act by itself cannot bring the case of the detenue within the purview of definition under section 2(bb) 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 of law and order. Further, except statement of witnesses, registration of above FIR/s, no other relevant and cogent material is