ILESH J. VORA, VIMAL K. VYAS
Mohsinkhan @ Tarzan Rajjakkhan Pathan – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE VIMAL K. VYAS)
1. The present petition is directed against the order of detention dated 23.11.2023 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 four FIRs; (i) for the offences under Sections 379A(3), 114 of the Indian Penal Code; (ii) for the offences under Sections 379 of the Indian Penal Code; (iii) for the offences under Sections 379A(3), 411, 114 of the Indian Penal Code; (iv) for the offences under Section 379, 114 of the Indian Penal Code; respectively, and that by itself cannot bring the case of the petitioner - detenue within
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Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not just on the existence of criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on criminal charges.
Preventive detention must demonstrate a clear threat to public order, not merely rely on criminal charges or FIRs.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
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