AMIT MOHANBHAI DESAI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By filing the present petition, the petitioner has prayed for the following reliefs:-

(2.) Thus, the prayer clause suggests that the petitioner is seeking quashing and setting aside the order of preventive detention at pre- exeuction stage. The petitioner has apprehension that he would be detained under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "PASA Act"), in view of registration of one FIR for the offence under the Prohibition Act .

(3.) Learned advocate, Ms.Kanthariya has submitted that the petitioner is apprehending his arrest under the PASA Act since it is presumed that detention order will be passed against him. On a specific query raised by this Court with regard to maintainability of the writ petition in absence of any order passed under the PASA, learned advocate Ms.Kanthariya has submitted that the petitioner is apprehending arrest on proposed detention order. It is, thus, submitted that the writ petition is maintainable.