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2024 Supreme(Guj) 1522

ILESH J. VORA, VIMAL K. VYAS
Yash Kishanlal Prajapati – Appellant
Versus
Commissioner Of Police – Respondent


Advocates Appeared:
For the Petitioner: Mr Sanjay Prajapati.
For the Respondents: Ms. Krina Calla, AGP, DS AFF. Not Filed (R).

JUDGMENT :

(Vimal K. Vyas, J.) :

1. The present petition is directed against the order of detention dated 27.2.2024 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 three FIRs; (i) for the offences under Sections 324, 294(b) and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act; (ii) for the offences under Sections 323, 324, 294(b) and 114, etc, of the Indian Penal Code and Section 135(1) of the Gujarat Police Act, that by itself cannot bring the case of the petitioner - detenue within the purview of definition under Section 2(c) of the Act. Learned adv

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