- (1.)Rule. Mr.Akash K. Chhaya, learned Assistant Government Pleader, waives service of notice of Rule for the respondents.
(2.)This petition is filed by the petitioner under Art. 226 of the Constitution of India with the following prayers:
"(A) Quash and set aside the order of preventive detention at pre-execution stage passed by the respondents on the basis of above referred offence registered against the petitioner, declaring the same to be illegal, arbitrary, mala fide, null and void and

(B) Pending admission, hearing and final disposal of the present petition, Your Lordships be pleased to stay the implementation, execution, operation and enforcement of the order of preventive detention during the pendency of this petition, and

(C) grant any other relief or pass any other order, which the Honourable Court may consider just and proper in the facts and circumstances of the case and in the interest of justice."
2. Heard Mr.Sandip M. Patel, learned advocate for the petitioner and Mr.Akash K. Chhaya, learned Assistant Government Pleader for the respondents.
(3.)It is submitted by the learned advocate for the petitioner that five FIRs have been registered against the petitioner during the period between 2013 to 2019 for the alleged offences punishable under the provisions of the Prohibition Act . Learned advocate has referred the details given in the memo of the petition as well as referred copies of the said FIRs. It is submitted that the petitioner is not named in the FIR registered in the year 2019 and now, the petitioner received instructions that the respondent authority has issued Press Note on 02/08/2021 wherein it is stated that the respondent detaining authority has passed an order of detention dtd. 25/03/2019 against the petitioner relying upon the said five FIRs. The petitioner has, therefore, filed this petition at pre-execution stage.
3.1 It is contended by the learned advocate for the petitioner that the order of detention was passed in the year 2019 and the same is yet not executed. He has also contended that the aim and object of the Act is to curb the anti-social activities.

3.2 Learned advocate for the petitioner submitted that this petition is maintainable and this Court can exercise powers at pre-execution stage. Learned advocate has placed reliance upon the decision rendered in the case of Additional Secretary to the Government of India V/s Alka Gadia reported in 1992 (Supp) SCC 596, more particularly, Rekha V/s State of Tamil Nadu reported in 2011 (5) SCC 244 Paragraph-30 thereof.

3.3 Learned advocate has also placed reliance upon the decision rendered by the Hon'ble Supreme Court in the case of Pushkar Mukherjee and others v/s The State of Bengal reported in AIR 1970 SC 852 and more particularly, Deepak Bajaj V/s State of Maharashtra reported in 2018(16) SCC 14 Paragraph-14 thereof. He has also placed reliance upon the following decisions: