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A. S. SUPEHIA, M. R. MENGDEY
Chhelabhai Alias Raju Malabhai Bharwad – Appellant
Versus
State Of Gujarat – Respondent
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 14.05.2023 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(c) of the Act.
3. 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 two FIRs, first for the offences under Sections 307, 504 & 120(b) of the IPC & Sections 25(1)(A) and 27 of the Arms Act and second for the offences under Sections 25(1-B)A of the Arms Act, Sections 279 and 427 of the IPC and Sections 177 and 184 of the M.V. Act and Section 135 of the Gujarat Police Act, respectively by itself cannot bring the case of the detenu 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
The detention order must be based on a case where the person has become a threat and menace to society, disturbing the whole tempo of the society and putting the entire social apparatus in disorder. ....
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