INDRAVADANBHAI JESINGBHAI DUDHIYA Vs. STATE OF GUJARAT
LAWS(GJH)-2021-9-1106
HIGH COURT OF GUJARAT
Decided on September 22,2021

Indravadanbhai Jesingbhai Dudhiya Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)In this petition, which is filed under Article 226 of the Constitution of India, petitioner has prayed for the following reliefs :-
"(A) This Honourable Court may be pleased to issue a writ of mandamus or any other appropriate writ, direction or order, calling for order of detention and the ground of detention from the respondents and after perusing the said order of detention which is passed under PASA, the same may be quashed and set aside and restrain the respondents from detaining the petitioner on the basis of detention order No.PCB/DTN/PASA/1410/2020;

(B) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to direct the respondents not to execute the operation or implementation of the detention order against the petitioner under the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 in connection with FIR being C.R. No.II-38 of 2018 registered with Kagdapith Police Station, Ahmedabad City and C.R. No.11192011200880 of 2020 registered with Bopal Police Station, Dist.: Ahmedabad Rural;

(C) This Honourable Court may be pleased to pass such other and further relief/s, as may be deemed fit in the interest of justice."

(2.)Heard learned advocate Mr. Hardik Bharhmbhat for the petitioner and learned Assistant Government Pleader Ms. Jyoti Bhatt for the respondent - State.
(3.)It is submitted by learned advocate for the petitioner that this petition has been filed by the petitioner who is aged about 80 years at pre-execution stage against the order of detention which has been passed on 24/12/2020 by the respondent detaining authority while exercising powers under Sec. 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'PASA') declaring the petitioner as "common gaming house keeper" under Sec. 2 (bb) of the Act.


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