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2025 Supreme(Guj) 1091

HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT
Vinodbhai Ramjibhai Talsaniya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhunesh C. Rupera
For the Respondent: C.M. Shah

ORDER :

ILESH J. VORA, J.

1. The present petition is directed against the order of detention dated 20.01.2025 passed by the passed by the District Magistrate, Botad, 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(g) of the Act.

2. This Court has heard learned counsel Mr. B.C. Rupera and Ms. C.M. Shah, learned Additional Public Prosecutor for the respective parties.

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 being (i) for the offences punishable under Sections 3, 4, 5 of Immoral Traffic Prevention Act dated 27.10.2023 with Botad Police Station and (II) for the offences punishable under Sections 3, 4, 5 of Immoral Traffic Prevention Act dated 09.01.2025 with Botad Town Police Station, and that by itself cannot bring the case of the petitioner - detenue within the purview of definition under S

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