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2024 Supreme(Guj) 1268

ILESH J. VORA, VIMAL K. VYAS
Hamirbhai @Lalo Karmanbhai Kuvariya Devi Pujak – Appellant
Versus
Commissioner Of Police – Respondent


Advocates:
Advocate Appeared
For the Appellant : MR RUSI B TRIVEDI
For the Respondent: MR L.B.DABHI, AGP/Appellant

JUDGMENT :

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

1. The present petition is directed against the order of detention dated 09.01.2024 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 APP 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 for the offences under Section 379 of the Indian Penal Code, respectively, and that by itself cannot bring the case of the petitioner - detenue within the purview of definition under Section 2(c) of the Act. Learned advocate for the petitioner – detenue further submitted that the illegal activities alleged to have been carried out or likely to be carried out, as alleged, cannot have

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