SUJATKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing present petition, the petitioner has prayed for quashing and setting aside the order of preventive detention at pre-execution stage passed by the respondents on the basis of offence registered against him. Thus, 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 FIRs for the offence under Prohibition Act , as mentioned in paragraph 3.

(2.) Learned advocate, Ms.Trivedi appearing on behalf of Mr.Baghel 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 has submitted that the petition is maintainable.

(3.) Per contra, learned AGP has placed reliance on the judgment and order of the Division Bench of this Court dtd. 8/10/2018 passed in Letters Patent Appeal No.1281 of 2018, and submitted that the present writ petition is not maintainable since no detention order is passed.