MANGILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Art. 226 of the Constitution of India, in which, the petitioner has challenged the order dated 01.09.2021 passed by respondent No.5 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(2) of the Act.

(2.) Heard Mr. Kirit R. Chaudhari, learned advocate for the petitioner and Ms. Jyoti Bhatt, learned Assistant Government Pleader for the respondents.

(3.) Learned advocate for the petitioner has submitted that one FIR is filed against the petitioner under Sections 8(c), 21(c), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substance, 1985 on 22.09.2020 before Changodar Police Station, Ahmedabad Rural. 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 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. 3.1 It is further submitted that mere registration of an FIR against the petitioner itself is no ground for the detaining authority to arrive at the conclusion that the activities of the petitioner are prejudicial to the maintenance of the public order. It is also contended that no legally sustainable satisfaction is recorded by the detaining authority before passing the impugned order. It is, therefore, urged that the impugned order be quashed and set aside.