Bharatbhai Jivrajbhai Limbasiya ... vs State Of Gujarat
2022 Latest Caselaw 1375 Guj

     C/SCA/2565/2022                             ORDER DATED: 07/02/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO. 2565 of 2022

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  BHARATBHAI JIVRAJBHAI LIMBASIYA THROUGH BHUPATBHAI
                    JIVRAJBHAI LIMBASIYA
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR K S CHANDRANI(6674) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MS NIDHI VYAS, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                          Date : 07/02/2022

                                ORAL ORDER

1. This petition is filed under Article 226 of the Constitution of India by the petitioner claiming that the recent offence, which is registered against him under the provisions of the Arms Act, 1959, is solitary offence in proximate time and he apprehends his preventive detention based on such offence.

2. However, as mentioned by the petitioner himself in the petition at page 4 paragraph 3.1, in the year 2013 a preventive detention order came to be passed against him, which is ultimately quashed by this Court. Not only that, under the provisions of the Arms Act, 1959, in the year 2014 again he was arrested in connection with that offence at Bhaktinagar Police Station, Rajkot and apprehending his preventive

C/SCA/2565/2022 ORDER DATED: 07/02/2022

detention in connection with that offence he had preferred Special Civil Application No.1946 of 2015. From reading the judgment at page 51, it is not coming out that the said petition was filed apprehending his preventive detention in connection with that offence as also from the judgment it is clear that what is quashed is the order of detention dated 10.06.2013, and therefore, the said judgment, which is at Annexure 'C', is not relevant for the consideration of this Court in this petition. Not deterred thereafter, the petitioner again committed an offence being C.R. No.46 of 2016 as also other two offences as mentioned in paragraph 3.5 in the years 2016 as also 2018.

3. Mr. Chandrani, learned advocate for the petitioner submitted that prior to 2013, there were six other offences registered against the petitioner, and therefore, he has submitted that after 2018, in the year 2022, this is the solitary offence, and therefore, no preventive detention order based on such offence can be passed by the authority, and therefore, he seeks protection of this Court, that too, under Article 226 of the Constitution of India.

4. Having heard Mr. Chandrani, learned advocate for the petitioner, it is clear that the petitioner is having consistent and continuous criminal antecedents for which preventive detention order as admitted by him in the year 2013 was already passed, though may have been quashed, there are several other offences admitted by him in the petition. However, learned Assistant Government Pleader has furnished certain details, which discloses that he is also involved in the offence of murder, as also attempt to commit murder in the year 2011 twice. Not only that, under Arms Act also in the

C/SCA/2565/2022 ORDER DATED: 07/02/2022

year 2012, there was one offence against him. Most importantly, which is missing in the petition itself, after 2013 also, the petitioner was detained pursuant to a preventive detention order in the years 2015 and 2016, which is not even asserted by him in the petition and even outcome of it is not mentioned.

5. When the petitioner is involved in such a serious offence of murder, robbery, offence under the Arms Act unlawful assembly, prohibition act etc. consistently and continuously alongwith thrice detention orders passed against him, extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India is not meant for such petitioner, that too, not only at pre-execution stage but may be at pre- proposal stage. Hence, the present petition is rejected with cost of Rs.10,000/-. Petitioner to deposit the cost within a period of one week from today or else Registry to initiate steps to recover the same.

(UMESH A. TRIVEDI, J.)

siji