LAWS(RAJ)-2015-4-8

IMRAN Vs. STATE OF RAJASTHAN AND ORS.

Decided On April 06, 2015
IMRAN Appellant
V/S
State of Rajasthan And Ors. Respondents

JUDGEMENT

(1.) BY this petition, filed under Article 226 of the Constitution, petitioner, Imran alias Katya has challenged his detention under Section 3(1) of the Rajasthan Prevention of Anti -Social Activities Act, 2006 (in short "the Act") by respondent No. 2 - Executive Magistrate, Jaipur.

(2.) THE facts in brief are these. The Executive Magistrate, Jaipur, by exercising powers under Section 3(1) of the Act, passed an order dated 25.8.2014 for the detention of petitioner in Central Jail, Jaipur. The case of petitioner was then referred to the Advisory Board, which reported that, in its opinion there was sufficient cause for his detention. The State Government thereupon confirmed the detention order of petitioner for a period of twelve months from the date of his detention. Aggrieved, the petitioner has filed the present petition praying for quashing of the order of detention.

(3.) THE learned counsel for petitioner mainly submitted that the detention of petitioner is wholly illegal as the detention order was not at all necessitated, which would also be apparent from the grounds of detention served. The learned counsel relied upon the decision of Supreme Court rendered in Gulab Mehra v. State of U.P. : AIR 1987 SC 2332 in support of his submission.