JAY @ BATLO SURESHBHAI PUJARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Shri Salim Saiyed, learned counsel for the appellant and Ms.Shruti Pathak, learned Assistant Government Pleader for the State respondents.

(2.) The present Letters Patent Appeal has been preferred under Clause 15 of the Letters Patent Act assailing the correctness of the judgment and order dated 16.02.2021 passed by the learned Single Judge in Special Civil Application No.2751 of 2021, whereby the writ petition challenging the order of preventive detention was dismissed.

(3.) Learned counsel for the appellant submitted that there are only four cases registered against the appellant. First being a case under Sections 324, 326, 294(b), 506(2) and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act based on an FIR dated 07.08.2018, the second is about an offence under Sections 323, 324, 326, 294(b), 506(2) and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act based on an FIR dated 21.06.2020, the third being a case under Sections 354(A) and 114 of the Indian Penal Code based on an FIR dated 09.07.2020 and the fourth is about an offence under Sections 294(b), 427, 506(2) and 114 of the Indian Penal Code based on an FIR dated 30.07.2020. Apart from it, there is no other material against the appellant. The invoking of jurisdiction under the preventive detention law is totally unjustified as there was neither any disturbance of public order nor the appellant can be said to be a dangerous person. It is also submitted by the learned counsel that the appellant had been falsely implicated in the said four cases and he is already on bail. It is also submitted that the appellant is in custody since 17.10.2020. It is next submitted that a recent Division Bench judgment of this Court dated 31.08.2020 passed in the case of Vijay Alias Ballu Bharatbhai Ramanbhai Patni vs. State of Gujarat, being Letters Patent Appeal No.454 of 2020, squarely covers the case of the present appellant.