VASIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed at a pre-detention stage apprehending the detention under the provisions of Gujarat Prevention of Antisocial Activities Act on the basis of solitary FIR lodged against the petitioner under the provisions of Gujarat Animal Preservation (Amendment) Act, 1954. The petitioner has been arrested under the said FIR being CR No.II-130 of 2019 registered with Dholka Town Police Station and was taken into custody. It is stated by the learned Counsel for the petitioner that he has been admitted to bail. Other than the offence in question, one more offence was registered against the petitioner under the very Act in 2014. It is contended that except as above, there is no material against the petitioner warranting detention.

(2.) For maintainability of the petition, the attention of this Court is drawn to the case of Deepak Bajaj Vs. State of Maharashtra [2009 (1) GLH 140] which has inter- alia held that the grounds for entertainment of the petition at the pre-detention stage indicated in Smt. Alka Subhash Gadia's case are not exhaustive and liberty of the person should be a pivot of consideration and if the apprehension is real and it is shown that illegal order is sought to be passed, the liberty of the citizen is required to be protected as otherwise no useful purpose would be served by rejecting the petition in a genuine case on the plea of its non-maintainability.

(3.) As indicated above, the apprehension of the petitioner is rested on the solitary FIR; other FIR being as stale as of 2014 which cannot be taken into consideration. The averments made by the petitioner that he would be detained on the basis of solitary FIR have not been controverted by the respondents and therefore, in the facts and circumstances of the case, the such averments are required to be taken as true.