NARESHJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India in which the petitioner has prayed that the order of detention which has been passed against the petitioner be quashed and set aside at pre-execution stage.

(2.) Heard learned advocate Mr. Bhavin Raiyani for the petitioner and learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondents.

(3.) Learned advocate for the petitioner has referred to the averments made in the memo of the petition and thereafter submitted that one FIR being C.R. No. 11195024210215 of 2021 has been registered against the petitioner with Gadh Police Station, District Banaskantha on 13/4/2021 for the offence punishable under the Prohibition Act. It is submitted that petitioner has received instructions that the respondent authority has passed an order of detention against the petitioner on the basis of the said FIR and therefore the petitioner has filed the present petition at pre-execution stage. Learned advocate for the petitioner submits that the present petition is maintainable in view of the decision rendered by the Full Bench of this Court in the case of Vijaysinh @ Gatti Pruthvisinh Rathod v. State of Gujarat and another reported in 2015 (1) GLR 703 . It is submitted that the case of the petitioner falls under the category of rare and exceptional case and therefore this Court is empowered to entertain the present petition which is filed at pre-execution stage.