GAGJIBHAI NAVGHANBHAI OLKIYA 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 passed against him on the basis of the FIR which is placed on record be quashed and set at pre-execution stage.

(2.) Heard Mr. V.B. Malik, learned advocate for the petitioner and Mr. Akash K. Chhaya, learned Assistant Government for the respondents.

(3.) Learned advocate for the petitioner referred to the averments in the memo of the petition and, thereafter, contended that the FIR being C.R. No. 11189008210062 of 2021 has been registered against the petitioner on 19/1/2021 before Vankaner Taluka Police Station, Dist.: Morbi under the alleged offences punishable under the Prohibition Act. It is submitted that the petitioner came to know that the order of detention has already been passed against the petitioner on the basis of the registration of the aforesaid FIR. Learned advocate for the petitioner submitted that the said order has not been executed upon the petitioner till today. Learned advocate has placed reliance upon the decision rendered by the Full Bench of this Court in the case of Vijaysinh @ Gatti Pruthvisinh Rathod v. State of Gujarat reported in (2015) 1 GLR 703 .