BHUPENDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs:-

(2.) The case of the petitioner is that the respondent authorities are inclined to pass an order of detention in response to the FIR lodged before Junagadh Taluka Police Station for the offences punishable under Sections 65E , 81 , 93 and 98(2) of the Prohibition Act and Section 465 of the Indian Penal Code and based upon the same, mere apprehension is that the authority is likely to pass order of detention and if passed, same would be quite contrary to the law.

(3.) It has been submitted that the petitioner is already granted bail in respect of the said commission of the offences and as such, on the basis of mere statement, no order of detention deserves to be passed and for that purpose, multiple contentions have been raised. However, the fact remains that no particulars are provided, as to whether actual order of detention is passed or not and if passed, when attempt is made to execute and therefore, learned advocate for the petitioner, when asked, was stated to be on apprehension. Even the relief claimed in the petition is indicating the fact that yet order is appearing to have not been passed and at this stage, the petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.