AMIT 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 04.03.2020 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 two offences being (1) CR No. I ?324 of 2019 registered with Sarthana Police Station for the offence punishable under Sections 354 (D),(1), (I), 504 and 506(2) of the Indian Penal Code and Sections 11(4) and 12 of POCSO Act and (2) CR No.112100222000296 of 2020 registered with Kapodra Police Station for the offence punishable under sections 325 , 324 , 504 , 506(2) and 114 of the Indian Penal Code and Section 135 of the G.P. 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 04.03.2020.