AEMADBHAI GORABHAI SANGHARIYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Art. 226 of the Constitution of India, in which, the petitioner has prayed for the following reliefs:

(2.) Heard Mr.Valimohammed Pathan, learned advocate for the petitioner and Mr.Adityasinh Jadeja, learned Assistant Government Pleader for the respondents.

(3.) It is submitted by the learned advocate for the petitioner that two FIRs have been registered against the petitioner under the provisions of the Gambling Act and the petitioner is having apprehension that on the basis of the two FIRs filed against the petitioner, the order of detention will be passed against him under the provisions of Sec. 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 ("the Act" for short). Learned advocate for the petitioner has placed reliance upon the decision rendered by the Honourable Supreme Court in the case of Additional Secretary to the Government of India and Others Versus Smt. Alka Subhash Gadia and Another reported in 1992 (Suppl.) (1) SCC 496 and, thereafter, contended that the petition filed at pre- execution stage is maintainable and order of detention can be quashed and set aside under certain circumstances stated by the Hon'ble Supreme Court in Paragraph-30 of the said decision. It is submitted that the case of the petitioner falls under Clause- (iv) of Paragraph-30 of the said decision. It is, therefore, urged that the order of detention which is now passed by the detaining authority against the petitioner be quashed and set aside at pre-execution stage.