HARIS PUKHRAJ CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, in which, the petitioner has challenged the order dtd. 27.08.2021 passed by the 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 Section 3(2) of the Act.

(2.) Heard Mr.Kirit Chaudhari, learned advocate for the petitioner and Mr.Dhawan Jayswal, learned Assistant Government Pleader for the respondents.

(3.) Learned advocate for the petitioner has submitted that one FIR is filed against the petitioner under Ss. 8(c) , 21(c) and 29 of the Narcotic Drugs and Psychotropic Substance, 1985 on 22.09.2020 before Changodar Police Station, Dist.: 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 more than eleven months 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.