HUSSAINBHAI ISMAILBHAI JINDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates for the respective parties through video conferencing.

(2.) The present petition is directed against order of detention dated 17.02.2020 passed by the respondent - detaining authority in exercise of powers conferred under section 3 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 that the registration of the FIRs being (i) CR. No.-I- 39 of 2018 registered at Vankaner City Police Station on 25.06.2018 for the offence punishable under Sections 323 , 324 , 504 , 506(2) , 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act, (ii) CR. No. I-62 of 2018 registered at Vankaner City Police Station on 27.10.2018 for the offence punishable under Sections 325 , 323 , 144 , 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act and (iii) Prohibition CR. No. 5464 of 2017 registered at Vankaner City Police Station on 25.11.2017 for the offence punishable under Sections 66(1) (B), 65(A), 65(E), 116(B) of the Prohibition Act by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act. Further, learned advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be breach of law and order.