SURESHBHAI DULABHAI SOLANKI-DEVIPUJAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Assistant Government Pleader waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present petition is directed against order of detention dated 10.11.2019 passed by the respondent - detaining authority in exercise of powers conferred under section 3(1) 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 of registration of the two offences being I-C.R. No. 126 of 2019 for the offences punishable under Sections 379 and 114 of the Indian Penal Code and I-C.R. No. 128 of 2019 for the offences punishable under Sections 379 and 114 of the Indian Penal Code 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.