Arbazkhan @ Bhuriyo Iqbalkhan ... vs State Of Gujarat

1. 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 3.1 to 3.4 of the petition.

2. 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.

3. Upon perusal of the F.I.R/s., it appears that out of four offences registered against the petitioner under Indian Penal Code there is no recovery or discovery affected from the petitioner and therefore, apprehension of the petitioner is well- founded and liberty of the petitioner is required to be protected.

C/SCA/113/2020 ORDER

4. Hence, Rule. Learned AGP waives service of rule on behalf of the respondent - State.

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.

(S.H.VORA, J) SURESH SOLANKI Page 2 of 2 Downloaded on : Thu Jan 09 22:05:10 IST 2020