DHARMESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates appearing for the respective parties through video conferencing.

(2.) The present petition is directed against order of detention dated 04.02.2020 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.

(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 three offences being (1) Prohibition CR No. 5284 of 2019 registered with Shaherkotda Police Station for the offence punishable under Sections 65(E) , 81 and 98(2) of the Prohibition Act and (2)Prohibition CR No.5290 of 2019 registered with Shahibaug Police Station for the offence punishable under Sections 65(E) , 81 and 98(2) of the Prohibition Act and (3) Prohibition CR No.5453 of 2019 registered with Meghaninagar Police Station for the offence punishable under Sections 66(1)(B),65 (A)(A), 81 and 98(2) of Prohibition Act . That, in the present case the detaining authority has failed to substantiate that the alleged antisocial activities of the detenue adversely affect or are likely to affect the maintenance of public order. Therefore, learned advocate for the applicant requested to quash and set aside the order of detention dated 04.02.2020.