LAWS(GJH)-2020-6-401

UMESH Vs. STATE OF GUJARAT

Decided On June 08, 2020
UMESH 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 13.12.2019 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 three offences being (1) CR No. I ?.62 of 2019 registered with Gujarat University Police Station for the offence punishable under Sections 379 (A)(3) of the Indian Penal Code and (2) CR No. I ?63 of 2019 registered with Gujarat University Police Station for the offence punishable 379 (A)(3) of the Indian Penal Code and (3) CR No.I ?64 of 2019 registered with Gujarat University Police Station for the offence punishable under Section 379 (A)(3) of the Indian Penal Code . 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 13.12.2019.