IMTIYAZ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner challenges the legality and validity of the order of detention dated 22.02.2013 passed by the respondent No.2 in purported exercise of powers under subsection (2) of Section 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short, the 'Act') at pre-detention stage.

(2.) Brief facts as arising from the petition are that an F.I.R. being Prohibition C.R.No.17 of 2013 for the offences punishable under Sections 66(B), 65(A)(E) and 116(B) of the Bombay Prohibition Act came to be registered on 23.01.2013 before Pradyumannagar police station, Rajkot. According to the petitioner, he was arrested and brought before the concerned Court. Thereafter, on 24.01.2013, the petitioner was released on bail. According to the petitioner, after he was released on bail, the Investigating Agency made an application before the Court below seeking five days remand of the petitioner but the said application was rejected by the Court below vide order dated 24.01.2013.

(3.) Upon serious apprehension that the order of detention has already been passed against the petitioner, the present petition is preferred.