DHARMENDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the legality and validity of the threatening action of respondent Nos.2 and 3 of passing the order of detention under the Gujarat Prevention of Antisocial Activities Act, 1985 (for short "the PASA Act") at pre-execution stage.

(2.) It is contended by the learned advocate for the petitioner that the wife of the petitioner was a President of Unjha Municipal Corporation and his brother is also a lifetime member of Umiya Mataji Temple. It is contended that Mr.Naranbhai Lallubhai Patel who was an MLA of Unjha by wielding his power and influence, has got various complaints filed against the present petitioner and people known and close to him. It is contended that the Co-ordinate Bench has passed order in Special Civil Application No.6086 of 2017, wherein 14 complaints have been registered against the present petitioner before Unjha Police Station and one complaint each before Visnagar Police Station and Vejalpur Police Station. It is contended that one more complaint is registered against the petitioner before Unjha Police Station for the offences punishable under Sections 4 and 5 of the Prevention of Gambling Act. It is contended that this complaint is nothing but to book the petitioner under the provisions of PASA Act and therefore, this case should be considered as exception and the respondent authorities be restrained from detaining the petitioner under the PASA Act in connection with the FIR No.11206033201105 of 2020 registered with Unjha Police Station. It is contended that atlest a notice be issued to the respondents and it should be inquired from the respondents whether the respondent authorities are inclined to pass any order of detention against the present petitioner.

(3.) Per contra, the learned AGP appearing for the State has opposed this petition and contended that the pre-detention petition is not maintainable. She has relied on the judgment of the co-ordinate bench of this Court passed in Special Civil Application No.9008 of 2020, wherein, in para-6 it is observed as under :