BITTU 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 22.01.2020 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 offence being CR No. I-28/2019 registered with Chowk Bazar Police Station for the offence punishable under Sections 323. 324, 337, 504 and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act as well as offence being CR No. I-239 of 2019 registered with Chowk Bazar Police Station for the offence punishable under Sections 379 of Indian Penal Code. 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 22.01.2020.