RAJUBHAI RANABHAI ODEDARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed assailing the correctness of the judgment and order dated 05.09.2019 passed by the learned Single Judge in Special Civil Application No.17203 of 2014 whereby the writ petition was dismissed with cost of Rs.10,000/-.

(2.) The present appellant, who was also the original writ petitioner, was facing number of criminal cases as set out in paragraph Nos.5 to 15. Each paragraph contains the details of separate First Information Reports under various provisions of the Indian Penal Code and other offences, for example, under the Prohibition Act and the Bombay Police Act also. The details of each of the case are mentioned hereunder:

(3.) In paragraph No.2 of the petition, it is stated that the petitioner-proposed detenue is approaching the High Court through his son Lakhan Rajubhai Odedara as the petitioner is already detained in judicial custody in connection with First Information Report being CR-1 No.75 of 2014 under sections 143 , 147 , 148 , 149 , 365 , 307 , 323 and 506(2) of IPC. It is further mentioned in paragraph No.2 that the petitioner is sought to be detained preventively as being a dangerous person in purported exercise of powers under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "the 1985 Act") on the strength of three First Information Reports including the one mentioned above, in which the petitioner was already in judicial custody. It would be relevant to mention here that the writ petition was filed in November, 2014. It is also stated that as soon as the petitioner is released from judicial custody in the above- mentioned criminal case (CR-1 No.75 of 2014), he would immediately be detained under the 1985 Act.