VIPUL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is preferred under Article 226 of the Constitution of India challenging the order of detention dated 25.07.2020 passed by the respondent no.2 under the Prevention of Anti Social Activities Act, 1985 as also on the ground of violation of provision of the Constitution.

(2.) The petitioner is presently at Surat Jail from 25.07.2020 pursuant to the order impugned. He is in the custody on the basis of the material placed before the respondent no.2 who arrived at subjective satisfaction, the said material also has been supplied to the said petitioner and questions the subjective satisfaction on the ground that the same is vitiated as it is not based upon the supporting material, he has been victimized and merely because he was with the car driver who misbehaved with the Police on the basis of solitary offence registered against the petitioner being CR No.-11191065200312 of 2020 under Sections 332, 188, 186 and 114 of the Indian Penal Code. That he has been detained under the stringent laws of PASA Act. He has approached this Court with following prayer:

(3.) This Court issued the rule on 06.08.2020 directed the matter to be placed in seriatim for final hearing.