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Gujarat High Court

Jayesh @ Jago Laxmidas Gokani vs Valsad District Collector on 28 February, 2019

Author: S.H.Vora

Bench: S.H.Vora

        C/SCA/1402/2019                                   ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 1402 of 2019
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              JAYESH @ JAGO LAXMIDAS GOKANI
                            Versus
                VALSAD DISTRICT COLLECTOR
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Appearance:
MOHAMADZAID I SAIYED(8411) for the Petitioner(s) No. 1
MR M.NISAR VAIDHYA(3386) for the Petitioner(s) No. 1
MR UTKARSH SHARMA, AGP for the Respondent(s) No. 1,2,3
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 CORAM: HONOURABLE MR.JUSTICE S.H.VORA

                            Date : 28/02/2019

                             ORAL ORDER

1. Learned AGP has not filed reply,

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. as described in para 3 of the petition.

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 apprehends detention on account of registration of offence under the provisions of Prohibition Act and, therefore, apprehension of the petitioner is well-founded and liberty of the petitioner is required to be protected.

5. It is made clear that the petitioner is protected only in respect of the FIR/s as mentioned in the aforementioned para. The competent authority is at liberty to take suitable action against the petitioner in respect of offences, other than mentioned in the said para, 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.

6. In case of difficulty, the State is at liberty to apply for early hearing.

(S.H.VORA, J) SATISH Page 2 of 2