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2024 Supreme(Guj) 1703

ILESH J. VORA, VIMAL K. VYAS
DHRUMIL JITUBHAI CHHOTABHAI PARMAR – Appellant
Versus
COMMISSIONER OF POLICE – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SANJAY PRAJAPATI.
For the Respondent: L.B. DABHI.

JUDGMENT :

VIMAL K. VYAS, J.

1. The present petition is directed against the order of detention dated 20.04.2024 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 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 two FIRs: (i) for the offences under Sections 324, 325, 143, 144, 147, 148, 149, 323, 294B, 337 of the Indian Penal Code and Section 135(1) of the G.P. Act; (ii) for the offences under Sections 186, 332, 143, 147, 149, 225, 34 of the Indian Penal Code; respectively, and that by itself cannot bring the case of the petitioner-detenue within the purview of definition under Section 2(c) of the Act. Learned advocate for the petitioner-d

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