ASLAM MOHAMMED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Shri Hasmukh Solanki, learned counsel for the appellant and Ms.Shruti Pathak, learned Assistant Government Pleader for the State respondent.

(2.) The present Letters Patent Appeal has been preferred under Clause 15 of the Letters Patent assailing the correctness of the judgment and order dated 03.12.2020 passed by the learned Single Judge in Special Civil Application No.10259 of 2020, whereby the writ petition challenging the order of preventive detention was dismissed.

(3.) Learned counsel for the appellant submitted that there are only two cases registered against the appellant. First being a case under Sections 379 and 114 of Indian Penal Code based on an First Information Report dated 24.06.2020 and the second is about an offence under Section 324, 323, 294(B), 506(2) and 114 of Indian Penal Code and Section 135(1) of the Gujarat Police Act wherein the First Information Report had been lodged on 14.07.2020. 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 two cases and he is already on bail in both the cases. It is also submitted that the appellant is in custody since 29.07.2020. 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.