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2023 Supreme(Guj) 952

A. S. SUPEHIA, M. R. MENGDEY
Vaghabhai S/o Devabhai Bharvad (Bhorakhiya) Through Panchal Yogeshkumar Amrutbhai – Appellant
Versus
Commissioner Of Police, Surat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR BC DAVE
For the Respondent: MR ROHAN RAVAL

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 27.05.2023 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, 120B of the Indian Penal Code as well as under Sections 25(1)(a) and 27 of the Arms Act and another for the offences under Sections 279, 427 of the IPC, under Sections 177, 184 of the Motor Vehicles Act, 1988 as well as under 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

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