DIPESH S/O JAGDISHKUMAR ZANDAWALA vs STATE OF GUJARAT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(Guj) 13556

NIRAL R. MEHTA, J
DIPESH S/O JAGDISHKUMAR ZANDAWALA – Appellant
Versus
STATE OF GUJARAT – Respondent

Advocates:
For the Appellants/Petitioners: [List of names]
For the Respondents: [List of names]

Table of Content
1. challenges to the legality of detention based on insufficient evidence. (Para 2 , 3)
2. response supporting the legality of the detention order. (Para 4)
3. court's evaluation of public order significance. (Para 5)
4. judicial standards for legality of preventive detention. (Para 6)
5. final ruling against the detention order. (Para 7 , 8)

ORAL JUDGMENT

1. Heard learned advocates appearing for the respective parties.

2. The present petition is directed against order of detention dated 05th March, 2022 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(b) of the Act.

3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of the solitary offence under Section 65(E)(A), 81, 98(2) and 99 of the Prohibition Act by itself cannot bring the case of the detenue within the purview of definition under section 2(b) of the Act. Further, learned advocate for the detenue submits that