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 18.01.2023 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 (ba) of the Act.

3. Mr. Nasir Saiyed, 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 an FIR being C.R. No.11191067220094 of 2022 with the Cyber Crime Police Station for the offence punishable under Sections 66C, 66D of the I.T. Act and Sections 406, 420 and 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 (ba) 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 wit