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2024 Supreme(Guj) 888

A. Y. KOGJE, SAMIR J. DAVE
Varun @ Babo Babubhai Amibhai Desai – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR VIRAJ B KHATANA
For the Respondent: MR. YUVRAJ BRAHMBHATT

JUDGMENT :

A.Y. KOGJE, J.

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

    “(A) YOUR LORDSHIP may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction releasing the present petitioner from illegal detention under Gujarat Prevention of Anti-Social Activities Act, 1985 pursuant to order dated 22.09.2023 passed by respondent No.2 (at ANNEXURE-A hereto.”

2. The challenge is to the order of detention dated 22.09.2023 the detaining authority namely Commissioner of Police, City Ahmedabad, by which the petitioner has been detained as a “dangerous person” based on two offences registered against him.

3. Learned advocate for the petitioner has challenged the order of detention on two grounds firstly, that the offenses in which the petitioner has been involved are arising out of private dispute and has no connection with disturbance in public order. Secondly, learned advocate has argued that the first offense was registered in December 2022, whereas the second offense was registered in August 2023 and therefore, there was a time gap of almost eight months and therefore, the petit

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