BHARATSINGH JASWANTSINGH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the legality and validity of the threatening action of respondent Nos.2 and 3 of passing the order of detention under the Gujarat Prevention of Antisocial Activities Act, 1985 (for short "the PASA Act") at pre-execution stage.

(2.) It is contended by the learned advocate for the petitioner that if there is any order of detention, the same may be quashed and set aside as being illegal, invalid and arbitrary. It is submitted that there are only one FIRs registered against the present petitioner and therefore, merely filing of FIR against him would not be construed and culminated into the definition of a "Bootlegger" under the PASA Act.

(3.) Per contra, Mr.Meet Thakkar, learned AGP appearing for the State has opposed this petition and contended that the pre-detention petition is not maintainable.