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2024 Supreme(Guj) 1135

A. Y. KOGJE, SAMIR J. DAVE
Ranjitbhai @ Kela S/o Vijaykumar Harijan – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K T Beladiya
For the Respondent: Mr. Pranav U. Dhagat, AGP

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 please to be quash and set aside the detention order bearing No. PCB/ PASA/DTN/769/2023 dated 14.09.2023, Annexure-A to this petition and further be pleased to release the detenue forthwith, and

(B) Your Lordship please to be pending admission and final disposal of this petition, the Honorable Court may further be pleased to release the detenue from detention, and

(C) Your Lordship please to be grant any other relief or pass any other order, which the Honorable Court may consider just and proper in the facts and circumstances of the case and in the interest of justice.”

2. The present petition is directed against order of detention dated 14-09-2023 passed by the respondent – detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “the Act”) by detaining the petitioner – detenue as defined under section 2(c) of the Act.

3. Essentially challenge is made to the order of detention dated 14.09.2023 by the Police Commissioner, Surat detaining the petitioner as ‘Dangero

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