C/SCA/16442/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION NO. 16442 of 2017

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BHAVESHBHAI VINODBHAI PATEL....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR DARSHAN P DAVE, ADVOCATE for the Petitioner(s) No. 1
MS SNUSHA JOSHI AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 07/09/2017

ORAL ORDER

1. Notice returnable on 10.11.2017. Learned A.G.P. waives

service of notice for the respondent State.

2. By way of the present petition under Article 226 of the

Constitution of India, the petitioner apprehends his detention
under the provisions of Gujarat Prevention of Anti Social
Activities Act, 1985 (for short, the PASA Act) on account of
registration of F.I.R/s. being C.R.Nos.III-492 of 2016, 495 of
2016 and 212 of 2017 registered with Gandevi police station
under the provisions of the Prohibition Act.

3. According to the petitioner, except registration of the

aforementioned FIR/s, no other material is available with the
competent authority to detain the petitioner under the
provisions of the PASA Act.

4. Upon perusal of the F.I.R/s., it appears that the petitioner

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 C/SCA/16442/2017 ORDER

is shown as wanted accused in the said F.I.R/s. and, therefore,

apprehension of the petitioner is well-founded and liberty of
the petitioner is required to be protected. Meanwhile, the
respondent – authority shall not detain the petitioner under the
provisions of the PASA Act on account of aforementioned
offence/s.

5. It is made clear that the petitioner is protected only in

respect of the FIR/s as mentioned hereinabove. The competent
authority is at liberty to take suitable action against the
petitioner in respect of offences, other than mentioned
hereinabove, if any, registered and incriminating materials
found to detain the petitioner. The learned A.G.P. is directed to
place on record the detention order, if any, passed against the
petitioner for Court’s perusal. Direct service is permitted.

(S.H.VORA, J.)
Hitesh

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