SUDHIRBHAI RAMESHBHAI CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of the learned advocates appearing for the respective parties, the present petition is taken up for final hearing today.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner prays to issue a writ of mandamus or any other appropriate writ, order or direction and to quash and set aside the detention order at pre-execution stage passed by respondent no.2 under the provisions of section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985; as same being illegal, invalid, null and void, arbitrary, suffers from non application of mind, without jurisdiction and competence, suffering from malafides and violative of Articles 14, 19 and 21 of the Constitution of India.

(3.) The petitioner apprehends that the petitioner is likely to be detained under the Act on the pretext of F.I.R/s for the offence punishable under section 66(1)B, 65AE, 116(2), 81, 83, 98 and 99 of the Prohibition Act.