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2023 Supreme(Guj) 616

A. S. SUPEHIA, D. A. JOSHI
JATIN NARENDRABHAI SANGHAVI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: UTKARSH J. DAVE.
For the Respondent: ROHAN SHAH.

ORDER :

1. The connected civil application is filed for temporary bail, as wife of the detenue is suffering from cancer and hence, instead of deciding the application, the main matter is taken up for hearing today, looking to the urgency and peculiar facts.

1.1 Heard the learned advocates appearing for the respective parties.

2. The present petition is directed against order of detention dated 02.03.2023 passed by the respondent-detaining authority, in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “the Act”) by detaining the petitioner-detenue as defined under section 2(ba) of the Act.

3. Mr. Dave, 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 of registration of the offences under Sections 406, 420 and 114 of the Indian Penal Code, 1860, Sections 66(c) and 66(d) of the Information Technology Act, 2000 and Sections 4 and 5 of the Gambling Act as well as Section 23(f), 23(g) and 23(h) of the Securities Contract Regulation Act, 1956 by itself cannot bring the case of the detenue within the purview of definition under

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