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2024 Supreme(Guj) 1888

ILESH J. VORA, S. V. PINTO
Harshadbhai @ Bavo Jayrambhai Vaishnav Thro Ashraf Samsulbhai Shekh – Appellant
Versus
Commissioner Of Police – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Sanjay Prajapati
For the Respondent: Mr. L.B. Dabhi, APP.

JUDGMENT :

S.V. PINTO, J.

1. Rule returnable forthwith. Learned APP waives service of notice for and on behalf of respondent State.

2. The petitioner herein namely Harshadbhai @ Bavo Jayrambhai Vaishnav came to be preventively detained vide the detention order dated 17.10.2024 passed by the Police Commissioner, Ahmedabad, as a “dangerous person” as defined under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 (herein after referred as ‘the Act of 1985).

3. By way of this petition, the petitioner has challenged the legality and validity of the aforesaid order.

4. This Court has heard learned counsel Mr. Sanjay Prajapati and Mr. L.B. Dabhi learned Additional Public Prosecutor for the respective parties.

5. Learned advocate for the detenue submits that the grounds of detention has no nexus to the “public order”, but is a purely a matter of law and order, as registration of the offence cannot be said to have either affected adversely or likely to affect adverse the maintenance of public order as contemplated under the explanation sub-section (4) of Section 3 of the Act, 1985 and therefore, where the offences alleged to have been committed by the detunue have no bea

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