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2023 Supreme(Guj) 664

A. S. SUPEHIA, DIVYESH A. JOSHI
Pavan Gopalbhai Chamadiya Through His Wife Nikita Pavan Chamadiya – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Akbar S. Selot, Mr. Imtiyaz I. Mansuri.
For the Respondent: Mr. Ashutosh Dave.

JUDGMENT :

(A.S. Supehia, J.)

1. Heard the learned advocates appearing for the respective parties.

2. The present petition is directed against the order of detention dated 09.02.2023 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 defined under section 2(c) of the Act.

3. Learned advocate for the detenue submitted that the impugned order of detention of the detenue 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 under Sections 386, 323, 506(2), 504 and 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act by itself cannot bring the case of the detenue 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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