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 07.01.2023 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 (g-a) of the Act.

3. Mr. Abhiraj Trivedi, learned advocate for the detenu submitted that the impugned order of detention of the detenu requires to be quashed and set aside, because registration of offences under Section 406, 420, 384, 294 (B), 506 (2) and 114 of the Indian Penal Code and Sections 39 and 40 of the Gujarat Moneylenders’ Act by itself cannot bring the case of the detenu within the purview of definition under section 2 (g-a) 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, registratio