CHABILDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing 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 of 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 Prohibition Act , as mentioned in paragraph 3.2.

(3.) Learned advocate, Mr.Sandip Patel for Mr.Vaibhav Vyas has submitted that the petitioner is apprehending his arrest under 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 PASA, learned advocate Mr.Sandip Patel has placed reliance on various judgments of the Supreme Court as well as of this Court, which are referred hereunder:-