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2024 Supreme(Guj) 1347

ILESH J. VORA, VIMAL K. VYAS
Virsing @ Viru Rajeshsing Tomar – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Kamalkumar R Sharma, O I Pathan
For the Respondent: Ms. Shruti Pathak, AGP

JUDGMENT :

VIMAL K. VYAS, J.

1. The present petition is directed against the order of detention dated 05.01.2024 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 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 324, 323, 294B, 114 of the Indian Penal Code and section 135(1) of the G.P. Act; (ii) for the offences under Sections 326, 324, 323, 294B, 114 of the Indian Penal Code and under Section 135(1) of the Gujarat Police 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 a

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