LAWS(GJH)-2020-5-214

RAVI AMARSINH THAKOR Vs. COMMISSIONER OF POLICE, AHMEDABAD

Decided On May 26, 2020
RAVI AMARSINH THAKOR Appellant
V/S
COMMISSIONER OF POLICE, AHMEDABAD Respondents

JUDGEMENT

(1.) Rule. Learned AGP waives service of notice of rule on behalf of the respondent State.

(2.) The present petition is directed against order of detention dated 09.01.2020 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 two FIRs being (i) CR. No.-I- 117 of 2018 registered at Ramol Police Station on 24.06.2018 for the offence punishable under Sections 394 , 114 of the Indian Penal Code and (ii) CR. No. I - 11191024200023 of 2020 registered at Ramol Police Station on 04.01.2020 for the offence punishable under Sections 323 , 324 , 506(2) , 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police 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.