NAVAL @ BANGIYO PRATHAMBHAI VASAVA Vs. COMMISSIONER OF POLICE

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 quashing and setting aside at pre-execution stage the order of detention passed by respondent no.2 or 3 under PASA Act, as being illegal, invalid, null and void, arbitrary and suffering from non application of mind, without jurisdiction and competence, suffering from malafides and violative of Article 21, 22 and 226 of the Constitution of India, in the interest of justice.

(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 Sections 66(1)B, 65AE, 116B and 81 of the Bombay Prohibition Act.