C/SCA/12403/2018 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 12403 of 2018

With

R/SPECIAL CIVIL APPLICATION NO. 12408 of 2018

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE A.J. SHASTRI

==========================================================

1 Whether Reporters of Local Papers may be allowed to

see the judgment ?

NO

2 To be referred to the Reporter or not ?

NO

3 Whether their Lordships wish to see the fair copy of the

judgment ?

NO

4 Whether this case involves a substantial question of law

as to the interpretation of the Constitution of India or any

order made thereunder ?

NO

================================================================

VISHAL @ KITLI SANJAYBHAI CHAUDHARY

Versus

STATE OF GUJARAT

================================================================

Appearance:

MR AMIT N CHAUDHARY(5599) for the PETITIONER(s) No. 1

MR BHARAT VYAS AGP for the RESPONDENT(s) No. 4

RULE SERVED BY DS(65) for the RESPONDENT(s) No. 1,2,3

================================================================

CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI

Date : 20/11/2018

ORAL JUDGMENT

1.

Both these petitions are arising out of almost similar factual

background and have been heard together and at the request of

Page 1 of 18

C/SCA/12403/2018 JUDGMENT

learned advocates for the parties the same are being dealt with and

disposed of by present common judgment and order by treating

Special Civil Application No.12403 of 2018 as a lead matter.

2.

So far as Special Civil Application No.12403 of 2018 is

concerned, this petition is challenging the judgment and order

dated 14.06.2018 passed by the learned District Magistrate, Navsari

on the premise that on account of criminal activities which are

alleged, the petitioner is a ‘dangerous person’ and as such the

authority was constrained to pass an order of preventive detention

against the petitioner.

2.1

It is the case of the petitioner that petitioner is aged about 23

years and has been arraigned in four offences which are mentioned

in the order of detention and the cases were registered at Vejalpur

Police Station for the various offences as described in the FIRs. It is

further the case of the petitioner that petitioner is released on bail

and though there is no role played by the petitioner, the District

Magistrate has falsely branded the petitioner as a ‘dangerous

person’ and thereby has been sent to District Central Jail, Kachchh-

Bhuj.

3.

So far as Special Civil Application No.12408 of 2018 is

concerned, in this petition also it is the case of the petitioner that

he is aged about 22 years and is arraigned in four offences

registered before Vejalpur Police Station and the District

Magistrate, Navsari, by branding the petitioner as a ‘dangerous

person’ has passed the order of detention and petitioner has been

sent to District Jail at Rajkot.

Page 2 of 18

C/SCA/12403/2018 JUDGMENT

4.

Both these petitioners, by alleging gross violation of their

fundamental rights, have approached this Court by way of present

petitions under Articles 226 of the Constitution of India. The

petitions have been admitted on 14.08.2018 and have been ordered

to come up for final hearing in seriatim. Resultantly, matters have

come up for final consideration on 19.11.2018 wherein petitioners

of both these petitions have been represented by Mr.Amit

Chaudhary, learned advocate whereas Mr.Bharat Vyas, learned

Assistant Government Pleader has represented the State Authority

and the matters have been heard.

5.

Mr.Amit Chaudhary, learned advocate for the petitioner