SHABBIR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This is a petition filed under Article 226 of the Constitution of India challenging the order of detention dtd. 7/12/2020 passed by the respondent detaining authority in exercise of powers conferred under Sec. 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner detenue as defined under sec. 2(c) of the Act.

(2.) Mr. Rajesh Kankodia, learned advocate for the petitioner has produced on record the order passed in SCA No. 2449 of 2020 by this court on 8/6/2020 by which a co-detenue in respect of the same FIR and who was detained on 26/12/2019 is ordered to be released and the detention order challenged therein is quashed and set aside. Relevant paragraphs of the said order read as under:

(3.) Adopting the same reasons as in SCA No. 2449 of 2020, this petition also deserves to be allowed. Accordingly, the impugned order of detention dtd. 7/12/2019 passed by the respondent detaining authority is hereby quashed and set aside. The detenue is ordered to be set at liberty forthwith if not required in any other case. The Registry is directed to communicate this order to the concerned jail authority by fax or email.