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2024 Supreme(Guj) 1504

ILESH J. VORA, VIMAL K. VYAS
Palvidarsing @Pajo @Prince Amarjitsing Huda (Punjabi) Through Amarjitsing Pritamsing Huda (Punjabi) – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared
For the Appellant :MR AR PATHAN(6194) for the Petitioner(s) No. 1 O I PATHAN(7684)
For the Respondent: MR. SOAHAM JOSHI, AGP,

JUDGMENT :

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

1. The present petition is directed against the order of detention dated 08.04.2024 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; (i) for the offences under Sections 363, 376(3), 376(2)(n), of the Indian Penal Code and under Section 3(A), 4, 5(J)(2), 5L, 6 of the POCSO Act; (ii) for the offences under Sections 326, 324, 294B, 506(2) of the Indian Penal Code and Section 135(1) of the G.P. Act; (iii) for the offences under Sections 323, 427, 143, 147, 149, 294B of the Indian Penal Code and Section 135(1) of the

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