AJAYKUMAR ALPESHKUMAR PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is directed against the order of detention dtd. 9/7/2024 passed by the respondent ' detaining authority in exercise of powers conferred under Sec. 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (for short, 'the Act') by detaining the petitioner ' detenue as defined under Sec. 2(b) of the Act.

(2.) Heard learned advocate appearing for the petitioner ' detenue and learned APP appearing for the respondent ' State.

(3.) Learned advocate for the petitioner - detenue submits that the impugned order of detention is required to be quashed and set-aside since the detaining authority has passed the order of detention solely on the ground of registration of the FIRs for the offences under Ss. 65(a), 65(e), 81, 83 , 98(2) and 108 etc, of the Prohibition Act (old) and that by itself cannot bring the case of the petitioner - detenue within the purview of definition under Sec. 2(b) of the Act. Learned advocate for the petitioner further submitted that the illegal activities likely alleged to have been carried out or likely to be carried out, as alleged, cannot have any nexus or bearing with the maintenance of public order and at the most, it can be said to be a breach of law and order. Further, except the statement of the witnesses and the registration of above FIR, no other relevant and cogent material is on record which would show that the alleged anti-social activity of the petitioner - detenue fall under the category of breach of public order. Learned advocate further submitted that it is not possible to hold, on the basis of the facts of the present case, that the activity of the petitioner - detenue with respect to the criminal case had affected and disturbed the social fabric of the society, eventually which would become threat to the very existence of the normal and routine life of the people at large or that on the basis of the registration of criminal case, the petitioner - detenue had put the entire social apparatus in disorder, making it difficult for the whole system to exist, as a system governed by rule of law, by disturbing the public order.