JIGNESHBHAI MANSUKHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr. Bhaumik Dholariya, learned counsel for the appellant and Mr. K.M.Antani, learned Assistant Government Pleader for the State respondents.

(2.) By means of this Letters Patent Appeal under Clause 15 of the Letters Patent challenge is made to the order dated 04.11.2020 passed by the learned Single Judge in Special Civil Application No.13829 of 2020, whereby the learned Single Judge declined to grant ad-interim relief by way of staying the detention order and directing for release of the present appellant during the pendency of the petition.

(3.) Learned counsel for the appellant submitted that the appellant is a contractor and has been falsely implicated. It is further submitted that the only case registered against the appellant is under the Gujarat Prohibition Act with respect to FIR dated 29.06.2020 alleging that recovery of certain bottles of liquor was made from the appellant, total value of which was only Rs.77,200/-. It is further submitted that in connection with the said FIR, the appellant was released on bail vide order dated 09.07.2020. He further submitted that after about four months, the detention order was passed under Gujarat Prevention of Anti-social Activities Act, 1985 dated 21.10.2020 which was executed on 22.10.2020 and the appellant was taken into custody.