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2024 Supreme(Guj) 1256

ILESH J. VORA, VIMAL K. VYAS
Jaymalbhai Bhupatbhai Kadcha – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared
For the Appellant : MR SANDIP M PATEL, MS MOHINI J BHAVSAR
For the Respondent: DS AFF.NOT FILED (R), MR. DHAWAN JAYSWAL, AGP, RULE SERVED BY DS

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE VIMAL K. VYAS)

1. The present petition is directed against the order of detention dated 05.02.2024 passed by the respondent – detaining authority in exercise of powers conferred under Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short ‘the Act’), whereby the respondent - detaining authority has detained the petitioner - detenue as defined under Section 2(c) of the Act.

2. Heard the learned advocate appearing for the petitioner – detenue and learned AGP appearing for the respondent – State.

3. Learned advocate for the petitioner - detenue submits that the impugned order of detention is required to be quashed and set-aside since the detaining authority has passed the order of detention solely on the ground of registration of two FIRs; (i) for the offences under Sections 143, 147, 148, 149, 323, 324, 337, 504, 506(2) of the Indian Penal Code and Section 135 of the G.P. Act; (ii) for the offences under Sections 143, 147, 148, 149, 452, 504, 506(2), 427 of the Indian Penal Code and Section 135 of the G.P. Act; respectively, and that by itself cannot bring the case of the petitioner - detenue within the purview of de

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