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2024 Supreme(Guj) 803

A. Y. KOGJE, SAMIR J. DAVE
Jigarhusen Abbasbhai @ Ajitbhai Punjabhai Vaghela – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : RAZIN S. ZEENA for O I PATHAN
For the Respondent: MR. ROHAN H. RAVAL

JUDGMENT :

A.Y. KOGJE, J.

1. This petition under Article 226 of the Constitution of India is filed with prayers as under:

    “(A) YOUR LORDSHIP be pleased to issue appropriate writ, order or directions of this Hon’ble High Court, quashing and setting aside the detention order dated 07/10/2023 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 released the petitioner forthwith;

(B) YOUR LORDSHIPS be pleased to dispense with filing of affidavit in support of this petition as the facts are taken from record and also the petitioner is in jail undergoing detention order in question;

(C) YOUR LORDSHIPS be pleased to release the petitioner from his detention pending the admission, hearing and final disposal of this petition;”

2. The Detaining Authorities have detained the two brothers in connection with the similar offences, though the brothers have preferred separate petitions.

3. The present petition is directed against order of detention dated 07-10-2023 passed by the respondent – detaining authority in e

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