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2024 Supreme(Guj) 1468

ILESH J. VORA, VIMAL K. VYAS
Sanjaykumar Ramlal Rot. – Appellant
Versus
Commissioner of Police – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Hemant B Raval
For the Respondent: Ms Shruti Pathak, AGP/APP

JUDGMENT :

VIMAL K. VYAS, J.

1. The present petition is directed against the order of detention dated 22.01.2024 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 four FIRs for the offences under Sections 379 and 114 of the Indian Penal Code, 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 any nexus or bearing with the m

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