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2023 Supreme(Guj) 965

A. S. SUPEHIA, M. R. MENGDEY
Shahrukh @ Shahrukh Tijori S/o Rafik Shaikh – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Maulik P Baseri, Piyushkumar K Baseri
For the Respondent: Mr Jay Mehta, AGP

JUDGMENT :

M. R. MENGDEY, J.

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

2. The present petition is directed against the order of detention dated 15.06.2023 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 354(A)(1)(1), 323, 294(b), 506(2) and 114 of the Indian Penal Code and the second for the offences under Sections 324, 323, 294(b), 506(2) and 114 of the IPC & Section 135(1) 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 or alleged to have been carried out, as alleged, canno

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