HARDIK @ MADHO VINODRAY MADHAVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India, was filed at the stage of pre-detention. This court by order dated 17.10.2019 protected the petitioner while admitting the petition. Subsequently, the State has placed on record by way of an affidavit, an order of detention dated 04.10.2019.

(2.) Having heard learned advocates for the respective parties, perusal of the detention order indicates that the offence at Sr. No. 6 under Section 142 IPC cannot be considered so as to term a person as a dangerous person. Even otherwise, by a decision rendered by a Division Bench of this court in Letters Patent Appeal No. 1497 of 2018 dated 13.03.2019, this court has held as under:

(3.) In view of the above circumstances, the present petition is hereby allowed and the impugned order of detention dated 04.10.2019 passed by the respondent - detaining authority is hereby quashed and set aside. The detenue is ordered to be set at liberty forthwith if not required in any other case. Rule is made absolute accordingly. The Registry is directed to communicate this order to the concerned jail authority by fax or e-mail.