VISHNUBHAI ASLAJI MARWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Issue Rule, returnable forthwith. Mr. Bhargav Pandya, learned Assistant Government Pleader waives service of Rule on behalf of the respondent-State.

(2.) By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 29.4.2020 passed by the respondent No.2 in exercise of the powers conferred under sub-section (2) of Section 3 of the Gujarat Prevention of Anti Social Activities Act, 1985 (hereinafter referred to as the "Act of 1985"), whereby the petitioner-detenue has been detained as a 'Dangerous Person', as defined under clause (c) of Section 2 of the Act of 1985.

(3.) The brief facts are to the effect that the First Information Report being C.R. No.11191040201270 of 2020 came to be registered on 22.4.2020 with the Sardarnagar Police Station, Ahmedabad City for the offences punishable under Section 143, 144, 145, 147, 149, 186, 332, 337, 188 of the Indian Penal Code and Section 3 of the Epidemic Diseases Act, 1897 and Section 4 of the Damage to Public Property Act and Section 135(1) of the Gujarat Police Act. Apropos the registration of the First Information Report, the petitioner was arrested on 28.4.2020 and thereafter was released on bail on 29.4.2020. On the very same day, the respondent No.2 passed the order of detention in exercise of the powers conferred under Section 3 of the Act of 1985. The order of detention was executed on 19.6.2020. Hence, the present petition.