AZRUDDIN Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The present petition is directed against order of detention dated 18.02.2020 passed by the respondent - detaining authority in exercise of powers conferred under section 3 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 that the registration of the FIRs being (i) CR. No.-I- 218 of 2017 registered at Vejalpur Police Station on 25.11.2017 for the offence punishable under Sections 307 , 323 , 324 , 325 , 403 , 34 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act, (ii) CR. No. I-160 of 2018 registered at Vejalpur Police Station on 10.11.2018 for the offence punishable under Sections 307 , 294(B) , 506(2) , 34 of the Indian Penal Code, Section 25(1) (B-A) of the Arms Act and Section 135(1) of the Gujarat Police Act (iii) CR. No. II 3120 of 2019 registered at DCB Police Station on 10.12.2019 for the offence punishable under Section 25(1) (B-A) of the Arms Act and Section 135(1) of the Gujarat Police Act and (iv) CR. No. II 3125 of 2019 registered at DCB Police Station on 22.12.2019 for the offence punishable under Section 25(1) (B-A) of the Arms Act and Section 135(1) of the Gujarat Police Act by itself cannot bring the case of the detenue within the purview of definition under section 2(c) of the Act.