SHAILESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs:-

(2.) The case of the petitioner is that the petitioner was falsely involved in seven offences under the provisions of the Gujarat Prohibition Act, which will be considered by the authority to issue an order of detention to brand the petitioner as 'Bootlegger' under Section 2(b) of the Prevention of Anti-social Activities Act,1985 (PASA). By narrating the list of offences, the petitioner has invoked the extraordinary jurisdiction of this Court on the premise that the name of the petitioner is disclosed by the co-accused in all the above-stated offences and by narrating one of the FIRs, being C.R. No.III- 6 of 2017, lodged before Rahpar Police Station for the offences punishable under the provisions of the Prohibition Act , an apprehension is voiced out that the authority is likely to pass an order of detention and as such, has invoked the extraordinary jurisdiction of this Court.

(3.) When the matter is taken up for hearing, learned advocate Mr. Pravin Gondaliya for the petitioner has submitted that there is no embargo in entertaining the petition at a stage where order of detention is not actually passed and has further submitted that the offences which are narrated in the body of the petition and attached to the petition are trivial in nature and as such, this is a fit case in which the authorities are required to be prevented from passing order of detention and after referring to few of the averments made in the petition, has voiced out an apprehension that order of detention is likely to be passed, but has candidly submitted that actual order of detention as on date is not passed and after submission, has left the matter to the discretion of this Court.