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2024 Supreme(Guj) 913

A. Y. KOGJE, SAMIR J. DAVE
Ikbal Kamruddin Shaikh Through Sirin Haidar Shaikh – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Nipul H Gondalia
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 may be pleased to issue writ or any other appropriate writ, order or direction and be pleased to quash and set aside the order of detention order vide PCB/DTN/PASA No.539/2023 dated 04/10/2023 passed by the Respondent No.2 under the provision of Gujarat Prevention of Anti-Social Activities Act, 1985 as being illegal, invalid, null and void, arbitrary, suffers from total non-application of mind and violative of Article 14, 21 and 22 of the Constitution of India.”

2. Thus, essentially, the challenge is to the order of detention dated 04.10.2023 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

Vasna Police Station

11191066230474 of 2023 dated 16.08.2023

406, 420 and 114 of IPC

23.08.2023

2

Vastrapur Police Station

11191020230494 of 2023 dated 20.08.2023

406, 420 and 114 of IPC

01.09.2023

3. Lea

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