- (1.)This petition is filed under Art. 226 of the Constitution of India, in which, the petitioner has prayed for the following reliefs:
"(A) YOUR LORDSHIPS be pleased to issue a Prohibition or a writ in the nature of Prohibition or any other appropriate writ, order and or direction, quashing and setting aside threatening action of respondent no.3 of passing the order of detention under the PASA Act against the petitioner and if the order of detention is already passed by respondent No.2 against the petitioner, the same may be quashed and set aside as being illegal, invalid, null and void and arbitrary, suffers from total and arbitrary, suffers from total non application of mind, without jurisdiction and competence suffering from malafides and violative of Art.14 , 19 and 21 of the Constitution of India;

(B) YOUR LORDSHIPS be pleased to restrain the respondents and/or their agent, servants, persons, employees etc. from executing the order of detention, if passed upon the petitioner pending the admission, hearing and final disposal of this petition;

(C) YOUR LORDSHIPS be pleased to pass such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted."

(2.)Heard Mr.Valimohammed Pathan, learned advocate for the petitioner and Mr.Adityasinh Jadeja, learned Assistant Government Pleader for the respondents.
(3.)It is submitted by the learned advocate for the petitioner that two FIRs have been registered against the petitioner under the provisions of the Gambling Act and the petitioner is having apprehension that on the basis of the two FIRs filed against the petitioner, the order of detention will be passed against him under the provisions of Sec. 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 ("the Act" for short). Learned advocate for the petitioner has placed reliance upon the decision rendered by the Honourable Supreme Court in the case of Additional Secretary to the Government of India and Others Versus Smt. Alka Subhash Gadia and Another reported in 1992 (Suppl.) (1) SCC 496 and, thereafter, contended that the petition filed at pre- execution stage is maintainable and order of detention can be quashed and set aside under certain circumstances stated by the Hon'ble Supreme Court in Paragraph-30 of the said decision. It is submitted that the case of the petitioner falls under Clause- (iv) of Paragraph-30 of the said decision. It is, therefore, urged that the order of detention which is now passed by the detaining authority against the petitioner be quashed and set aside at pre-execution stage.