ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. This petition under Article 226 of the Constitution of India is inter alia filed for following prayer:-

“(B) YOUR LORDSHIPS be pleased to issue appropriate writ, direction or order of this Hon’ble High Court, quashing and setting aside the detention order dated 05.10.2023 passed by the respondent no.2 (Annexure ‘A’ Colly) placing the petitioner under preventive detention, in purported exercise of their powers under the Gujarat Prevention of Anti-Social Activities Act, 1985 as being illegal, null and void and further be pleased to release the petitioner forthwith.”

2. The present petition is directed against order of detention dated 05.10.2023 passed by the respondent–detaining authority in exercise of powers conferred under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short “the Act”) by detaining the petitioner–detenue as defined under section 2(c) of the Act. Under the order of detention dated 05.10.2023 passed by the District Magistrate, Botad by which the petitioner has been detained as a ‘dangerous person’ based on three offenses, which are registered within the Barwala Police Station.

3.