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2024 Supreme(Guj) 1339

ILESH J. VORA, VIMAL K. VYAS
Sanjay @ Chando S/O Ghughabhai Ahir (Katariya) – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Arjunsingh B Chauhan
For the Respondent: Mr L.B.Dabhi, AGP/Appellant

JUDGMENT :

VIMAL K. VYAS, J.

1. The present petition is directed against the order of detention dated 06.01.2024 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© of the Act.

2. Heard the learned advocate appearing for the petitioner – detenue and learned Appellant 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 380, 454, 114 of the Indian Penal Code; and (ii) for the offences under Sections 379, 114 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© of the Act. Learned advocate for the petitioner – detenue further submitted that the illegal activities alleged to have bee

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