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2024 Supreme(Guj) 1523

ILESH J. VORA, VIMAL K. VYAS
Manoj @ Praksh @ Pakado Kanjibhai Matang Through Dinesh Kanjibhai Matang – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. D. V. Shah.
For the Respondents: Ms. Shruti Pathak, AGP.

JUDGMENT :

(Vimal K. Vyas, J.) :

1. The present petition is directed against the order of detention dated 02.04.2024 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’) by detaining the petitioner – detenue as defined under Section 2(b) of the Act.

2. Heard 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 two FIRs; (i) for the offences under Sections 65(a)(e), 116B, 81, 98(2) of the Prohibition Act; (ii) for the offences under Sections 65(a)(e), 116B, 81, 98(2) of the Prohibition Act; respectively; and that by itself cannot bring the case of the petitioner - detenue within the purview of definition under Section 2(b) of the Act. Learned advocate for the petitioner further submitted that the illegal activities likely alleged to have been carried out or likely to be

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