LAWS(GJH)-2020-5-426

ANJUBEN Vs. STATE OF GUJARAT

Decided On May 27, 2020
Anjuben Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned advocates appearing for the respective parties through video conferencing.

(2.) The present petition is directed against order of detention dated 16.12.2019 passed by the respondent - detaining authority in exercise of powers conferred under section 3(2) 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 only one offence being CR No. I-5545/2019 registered with Vatva Police Station for the offence punishable under Sections 65 (A)(E), 81, 119(B), 98(2) of the Gujarat Prohibition Act. That, in the present case the detaining authority has failed to substantiate that the alleged antisocial activities of the detenue adversely affect or are likely to affect the maintenance of public order. Therefore, learned advocate for the applicant requested to quash and set aside the order of detention dated 16.12.2019.