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2024 Supreme(Guj) 762

A. Y. KOGJE, SAMIR J. DAVE
Sahilkhan @ Sherkhan Ayubkhan Pathan Through Ayubkhan Rashidkhan Pathan – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. MH Shaikh, Valimohammed Pathan
For the Respondent: Mr. Rohan Raval, AGP, Government Pleader

JUDGMENT :

A.Y. Kogje, J.

1. This petition under Article 226 of the Constitution of India is filed for following relief:-

    “(A) YOUR LORDSHIPS be pleased to issue appropriate writ, order or directions of this Hon’ble High Court, quashing and setting aside the detention order dated 11.10.2023 at Annexure ‘A’ to the petition placing the petitioner under preventive detention, in purported exercise of their powers under the Gujarat Prevention of Antisocial Activities Act, 1985, as being illegal, null and void and further be pleased to release the petitioner forthwith”

2. Thus, essentially, the challenge is to the order of detention dated 11.10.2023 passed by the Police Commissioner, Ahmedabad, respondent No.2 herein, by which the petitioner has been detained as a “dangerous person” based on two offences registered against him, details of which are as under:-

Sr. No.

Name of Police Station

CR No. and date

Sections

Date of bail order

1.

Anandnagar Police Station

11191001230084 of 2023 dated 12.04.2023

379 (A3) and 114 of IPC

20.05.2023

2.

Ellisbridge Police Station

11191014230189 of 2023 dated 23.08.2023

379 and 114 of IPC

07.10.2023

3. Learned advocate for

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