LAWS(GJH)-2024-4-428

PARTH MANHARBHAI THAKORE Vs. STATE OF GUJARAT

Decided On April 09, 2024
Parth Manharbhai Thakore Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner with following prayers:-

(2.) On behalf of learned advocate Mr. V.B.Mehta, learned advocate Ms. Neha J. Ladhani has appeared. It is submitted that the petitioner apprehends that the petitioner will be detained under the PASA in view of the fact that the petitioner is arraigned as an accused in the FIR registered with Dabhoi Police Station, Vadodara. Learned advocate submitted that the petitioner has no connection with the offense, still the petitioner has been named as an accused. It is submitted that in connection with the very offense, the petitioner has filed an application for bail and Court of Judicial Magistrate First Class, Dabhoi has enlarged the petitioner on regular bail. It is submitted that other co-accused who were arrested in the very offense have also been enlarged on regular bail. It is submitted that though this is the solitary offense against the petitioner, the petitioner is sought to be detained under PASA, thereby affecting his fundamental right to liberty.

(3.) At the outset, it would be pertinent to observe that during the course of argument, inconsistency in the pleadings was immediately brought to the notice of learned advocate appearing for the petitioner as the entire pleadings are made as if the petitioner is apprehending detention under PASA as a dangerous person (see paras-9 and 10), whereas from the documents placed alongwith the petition, the offenes registered against the petitioner is under the Prohibition Act. Details of which are as under:-