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 Saleh Mohammad S/O Fakir Mohammad Khanji came to be preventively detained vide the detention order dated dated 29.10.2024 passed by the Police Commissioner, Surat as a “sexual offender” as defined under Section 2(ha) 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. Heard the learned advocate Mr. O.I. Pathan appearing for the petitioner – detenue and Mr. L.B. Dabhi, learned APP appearing for the respondent State.

5. 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 one FIR for the offences under Sections 75(2), 78(2), 308(6) of BNS and Sections 67 and 67(A) of I.T. Act and that by itself cannot bring the case of the petitioner - detenue within the purview of definition under Secti