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A. Y. KOGJE, SAMIR J. DAVE
Nasirbhai Hasanbhai Garashiya Through Nasimben Nasirbhai Garashiya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is filed for following relief:-
2. Thus, essentially, the challenge is to the order of detention dated 22.09.2023 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 arrest and Date of bail order |
| 1 | Shaherkotda Police Station, CR.No.11191041230227/ 23 Date 09.3.2023 | 324, 323, 294B, 506(2) and 114 of the IPC and under Section 135(1) of the GP Act | 30.03.2023 30.03.2023 |
| 2 | Shaherkotda Police Station, CR.No.11191041230894/ 23 Date 21.09.2023 | 324, 323, 294B, 506(2) and 114 of the IPC and under Section 135(1) of the GP Act | 21.09 |
The main legal point established in the judgment is that preventive detention should only be resorted to when the alleged activities of the individual pose a threat to public order, and alternative r....
The alleged offenses must have a bearing on public order as required under the Act, and the ordinary law should be considered sufficient to prevent further offenses before resorting to preventive det....
Preventive detention can be ordered even on the basis of a solitary incident, provided there is justifiable subjective satisfaction on objective material that the incident is likely to create disturb....
The distinction between 'law and order' and 'public order' as laid down in Pushker Mukherjee v/s. State of West Bengal [AIR 1970 SC 852] and the requirement for the detaining authority to justify its....
The main legal point established in the judgment is that the detention order based on the offences registered against the petitioner must have a nexus with the breach of maintenance of public order a....
The detention order under the Act requires sufficient material to demonstrate that the person has become a threat and menace to the society, disturbing the whole tempo of the society and putting the ....
The main legal point established in the judgment is that the subjective satisfaction of the detaining authority must be based on proper consideration and that ordinary law is sufficient to prevent a ....
The court emphasized the requirement for the detaining authority to resort to cancellation of bail instead of preventive detention and highlighted the distinction between 'law and order' and 'public ....
The main legal point established in the judgment is that the registration of FIRs alone cannot justify invoking power under section 3(2) of the Preventive Detention Act, and the detaining authority m....
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