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2024 Supreme(Guj) 1704

ILESH J. VORA, VIMAL K. VYAS
SAMIR @ SALIM KATAR AAMADBHAI JUNEJA – 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 25.04.2024 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 two FIRs; (i) for the offences under Sections 386, 504, 506(2) of the Indian Penal Code (Old), and under Section 40, 42 of the Money Lenders Act; (ii) for the offences under Sections 25(1-b) of the Arms Act; 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-detenue further submitted that the illegal act

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