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2023 Supreme(Guj) 756

A. S. SUPEHIA, M. R. MENGDEY
Kalpeshbhai Babubhai Makwana @ Thakore – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Darshit R. Brahmbhatt.
For the Respondent: Jay Mehta.

JUDGMENT :

A.S. SUPEHIA, J.

1. Draft amendment is allowed in terms of the draft. The same shall be carried out forthwith.

1.1 Heard learned advocates appearing for the respective parties.

2. The present petition is directed against order of detention dated 23.03.2023 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(b) of the Act.

3. 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 one FIR for the offences under Sections 65(E), 67(A), 116-B and 81 of the Prohibition Act by itself cannot bring the case of the detenue within the purview of definition under section 2(b) 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 o

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