PRAKESH @ GATTI MANILAL THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr.Sudhanshu Patel, learned counsel for the appellant and Mr.D.M.Devnani, learned Assistant Government Pleader for the State respondents.

(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 11.12.2020 passed by the learned Single Judge in Special Civil Application No.11793 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 395, 394, 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act based on an First Information Report dated 17.03.2020 and the second is about an offence under Sections 392, 397, 395, 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act wherein the First Information Report had been lodged on 17.03.2020. 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 18.07.2020. 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.