ILESH J. VORA, VIMAL K. VYAS
Gaurang Pravinbhai Panchal Thro Vaishali W/O Gaurang Panchal – Appellant
Versus
Commissioner Of Police – Respondent
JUDGMENT:
(PER : HONOURABLE MR. JUSTICE VIMAL K. VYAS)
1. The present petition is directed against the order of detention dated 30.03.2024 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’) 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), 81, 98(2), 116B of the Prohibition Act; (ii) for the offences under Sections 65(a)(e), 81, 83, 98(2), 116B 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 c
Shaik Nazneen vs. The State of Telanga and others
Mallada K. Sri Ram vs. The State of Telangana & Ors. 2022 6 SCALE 50
Dr. Ram Manohar Lohia vs. State of Bihar
Mallada K. Sri Ram vs. The State of Telangana, reported in (2023)13 SCC 537
Preventive detention requires a clear connection to public order disturbances, not merely the existence of criminal charges.
Preventive detention cannot be justified solely on FIR registration; a clear threat to public order must be established.
Preventive detention requires a clear connection to public order disturbance, not merely the existence of criminal charges.
Preventive detention requires a clear link between alleged activities and a disturbance to public order, not merely the existence of criminal charges.
Preventive detention requires a clear demonstration of a threat to public order, not merely the existence of criminal charges.
Preventive detention requires a clear connection to public order disturbance, not merely the existence of criminal charges.
Preventive detention requires a clear nexus to public order disturbances, not merely the existence of criminal charges.
Preventive detention must be based on substantial evidence showing a threat to public order, not merely on the registration of FIRs.
Preventive detention must demonstrate a clear threat to public order, not merely rely on criminal charges.
Preventive detention under the Act requires a clear nexus to public order disturbances, not merely the existence of criminal charges.
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