NIRMAL Vs. STATE OF GUJARAT

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 28.01.2020 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- 170 of 2019 registered at Athwalines Police Station on 11.08.2019 for the offence punishable under Section 379 of the Indian Penal Code and (ii) CR. No. I-174 of 2019 registered at Athwalines Police Station on 21.08.2019 for the offence punishable under Section 379 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.