Rahul Bharatbhai Nasit vs The State Of Gujarat

1. Notice for final disposal. Learned A.G.P. waives service of notice for the respondent State.

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/s 3.1 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 his detention under the provisions of the offence/s registered under the Indian Penal Code and, Page 1 of 2 C/SCA/3875/2019 ORDER 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/s. The competent authority is at liberty to take suitable action against the petitioner in respect of offences, other than mentioned in the said para/s, 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) SHEKHAR P. BARVE Page 2 of 2