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2024 Supreme(Guj) 1608

ILESH J. VORA, VIMAL K. VYAS
Mahefuzmiyia Mahebubmiya Malek Thru Altaf Faridahmed Shekh – Appellant
Versus
Commissioner Of Police – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR SANJAY PRAJAPATI
For the Respondent: MR. SOAHAM JOSHI

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE VIMAL K. VYAS)

1. The present petition is directed against the order of detention dated 09.04.2024 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’), 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 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 three FIRs; (i) for the offences under Sections 307, 323, 143, 144, 149 of the Indian Penal Code and under Section 25(1-b)A, 27 of the Arms Act and under Section 135(1) of the G.P. Act; (ii) for the offences under Sections 143, 147, 148, 149, 294B, 506(2), 435, 114 of the Indian Penal Code and under Section 135(1) of the G.P. Act, (iii) for the offences under Sections 143, 147, 148, 149, 186,

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