SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Guj) 1296

ILESH J. VORA, VIMAL K. VYAS
NAZIR @ BABU BATLA CHANDKHAN HUSENKHAN PATHAN – Appellant
Versus
COMMISSIONER OF POLICE – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: MOHDDANISH M. BAREJIA.
For the Respondent: SHRUTI PATHAK.

JUDGMENT :

VIMAL K. VYAS, J.

1. The present petition is directed against the order of detention dated 29.12.2023 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 397, 114 of the Indian Penal Code (ii) for the offences under Sections 302, 307, 326, 323, 143, 147, 148, 149, 120B of the Indian Penal Code and Section 135(1) of the G.P. Act; 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

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top