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2024 Supreme(Guj) 1537

ILESH J. VORA, VIMAL K. VYAS
Ankit, S/o. Bharatbhai Tyagi – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kishan H. Daiya.
For the Respondents: Mr. Vinay Vishen, APP/AGP, DS AFF.NOT FILED (R), Government Pleader.

JUDGMENT :

(Vimal K. Vyas, J.) :

1. The present petition is directed against the order of detention dated 18.4.2024 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 FIRs; (i) for the offences under Sections 384, 323, 504, 506, 114, 511 and 120(b), etc, of the Indian Penal Code; (ii) for the offences under Sections 384, 323, 504, 506, and 120(b), etc, of the Indian Penal Code; and (iii) for the offences under Sections 384, 323, 504, 506, and 120(b), etc, of the Indian Penal Code and that by itself cannot bring the case of the petitioner - detenue within the purview of definition

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