RAMESHBHAI DEVJIBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Sudhanshu Patel, learned advocate for the petitioner and Mr.Adityasinh Jadeja, learned AGP, for the respondents.

(2.) This is a petition challenging the order at the pre-detention stage. The case of the petitioner is that the order of detention is likely to be passed on the basis of a solitary offence under the Prohibition Act . Perusal of the petition would indicate that averments are made in the petition that the petition is filed at the pre-execution stage as the order of detention suffers from non application of mind. Reading of para 5 of the petition would indicate that it is the case of the petitioner that on 16.07.2020, an offence came to be registered with Singanpor - Dabholi Police Station, wherein, it is stated that when the complainant and the police authority were at the police station, they had received a secret information that one white coloured Eon Car loaded with liquor is going to come from Dhanjiram Char Rasta. The apprehension of the petitioner, therefore, is that based on the solitary offence, the respondent No.2, proposes to pass a detention order.

(3.) Mr.Sudhanshu Patel, learned advocate for the petitioner, relies on the decision of the Division Bench rendered in Letters Patent Appeal No. 1644 of 2019 dated 27.12.2019. Learned advocate relies on paras 21, 26 and 41 of the decision, which read as under: