DHIRENBHAI VITHTHALBHAI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, learned advocate Mr.Saiyed appearing for the petitioner has submitted that by the judgement dtd. 12/4/2023 passed in Special Civil Application No.6176 of 2023, this Court has already set aside the order of detention in the case of co-accused. It is submitted that in fact, there were 16 accused arrested pursuant to the FIRs registered on 8/11/2022 at Sachin Police Station, Surat City, Dist.Surat for the offences punishable under Ss. 406 , 409 , 465 , 467 , 471 , 114 , 120B of the Indian Penal Code, 1860 and under Ss. 3 and 7 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short " the Act"). It is submitted that this Court has already set aside the detention order in the case of co-accused, which is premised on the very same FIR(s) and hence, the impugned order dtd. 31/3/2023 detaining the petitioner is also required to be set aside.

(2.) Per contra, learned AGP has submitted that the impugned order does not require any interference since the same is premised on the FIR(s), which are mentioned therein and the petitioner is involved in the serious offences punishable under the Act. Thus, it is submitted that looking to the criminal activities of the petitioner, which are prejudicial to the maintenance and supply of wheat, rice, gram, Salt, Sugar etc., the impugned order may not be interfered with.

(3.) Heard the learned advocates for the respective parties and also perused the documents as pointed out by them.