ASHRAFBHAI IKBALBHAI MINIVADIYA(PINJARA) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is submitted under Article 226 of the Constitution of India challenging the legality and validity of the order of detention passed by the Respondent No.2 dated 02.07.2018.

(2.) The facts leading to rise of present petition are that pursuant to the two offences which have been registered i.e. one in the year 2017 and another in the year 2018, the authority has passed an order of detention against the petitioner. With respect to the offences of the year 2017, which was registered as I-C.R.No.09 of 2017 before Bhaktinagar Police Station under Sections 5, 6 and 8 of Gujarat Animal Prevention Act and under Section 11(D)(E) and 11(F) of the Prevention of Cruelty to the Animals Act registered on 25.03.2018 almost after more than a period of one year, the authority has considered the contents thereof and though the investigation is pending in respect of these offences as per the say of the petitioner the authority has passed an order of detention and, therefore, by raising some of the contentions, the petitioner was constrained to approach this Court.

(3.) The Court on 31.07.2018 was pleased to admit the petition which has come in seriatim for consideration before this Court in which learned advocate for the petitioner Mr.N.A.Thakar has represented the petitioner whereas Mr.Bharat Vyas, learned Assistant Government Pleader has represented the State Authority.