RAAYLABHAI @ RAHUL KAALUBHAI PALAAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr.A.R.Shah, Advocate for Mr.Vishal Awtani, 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 09.12.2020 passed by the learned Single Judge in Special Civil Application No.11580 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 five cases registered against the appellant. First being a case under Sections 457, 380 and 114 of the Indian Penal Code based on an FIR dated 27.08.2019, the second is about an offence under Sections 457, 380 and and 114 of the Indian Penal Code based on an FIR dated 10.09.2019, the third being a case under Sections 457, 380 and 114 of the Indian Penal Code based on an FIR dated 15.09.2019, the fourth is about an offence under Sections 457, 380 and 114 of the Indian Penal Code based on an FIR dated 21.09.2019 and the fifth being a case under Sections 457, 380 and 114 of the Indian Penal Code based on an FIR dated 26.09.2019. 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 five cases and he is already on bail. It is also submitted that the appellant is in custody since 20.08.2020. 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.