AKBARKHAN HAMIDKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, in which, the petitioner has challenged the order dtd. 17/7/2021 passed by respondent No.2 Director General of Police, CID Crimes and Railways, Gandhinagar, whereby the petitioner is detained under the provision of Sec. 2 (f) of the Anti-Social Activities Act, 1985 ('the Act' for short). The detaining authority has passed the aforesaid order of detention while exercising powers conferred under Sec. 3(1) of the Act.

(2.) Heard Ms. Dilbur Contractor, learned advocate for the petitioner and Mr.Ayan Patel, learned Assistant Government Pleader for the respondents.

(3.) Learned advocate for the petitioner has submitted that one FIR is filed against the petitioner under Sec. 20(b) of the Narcotic Drugs and Psychotropic Substance, 1985 on 7/2/2020 before Hadad Police Station. It is submitted that on the basis of the registration of the said FIR, the respondent detaining authority has passed the impugned order. It is submitted that the order of detention has been passed after a period of about One year and five months from the date of registration of the FIR. Thus, on the ground of delay in passing the impugned order, the same be quashed and set aside.