ILESH J. VORA, VIMAL K. VYAS
Bhavesh @ Mango Natwarbhai Vadher – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(Vimal K. Vyas, J.) :
1. The present petition is directed against the order of detention dated 16.03.2024 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 four FIRs; (i) for the offences under Sections 332, 186, 323, 294B, 506(2), 114 of the Indian Penal Code; (ii) for the offences under Sections 384, 506(2), 114 of the Indian Penal Code and Section 135(1) of the G.P. Act; (iii) for the offences under Sections 323, 324, 294B, 506(2), 114 of the Indian Penal Code and Section 135(1) of the G.P. Act; (iv) for the offences under Sections 427 of the Indian Penal Code and
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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 demonstrate a clear threat to public order, not merely rely on criminal charges or FIRs.
Preventive detention must demonstrate a clear threat to public order, not merely rely on criminal charges or FIRs.
Preventive detention cannot be justified solely on the basis of FIRs; there must be a demonstrable threat to public order.
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 demonstrate a clear threat to public order, not merely rely 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 cannot be justified solely on the basis of FIRs; there must be a clear and present danger to public order.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the existence of criminal charges.
Preventive detention requires a clear nexus to public order disturbance, not merely the existence of criminal charges.
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