PAPPU @ KOTHI VISHWANATHSINH RAJPUT (THAKUR) v. STATE OF GUJARAT
Case at a glance
Outcome
Bail granted
after he is released on bail
Provisions considered
Judgment
Operative part
Ms.Archana Raval, Assistant GOVERNMENT PLEADER, for Respondent No. 1-3 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE P.B.MAJMUDAR Date of decision: 19/08/2004 ORAL JUDGEMENT (cid:9)By filing this petition, the petitioner has challenged his detention order dated 5.3.2004, by which he is detained as a 'bootlegger' under the provisions of the Gujarat Prevention of Anti-social Activities Act, 1985 ("PASA", for short). Along with the detention order, the petitioner is also served with the grounds of detention. (cid:9)In the aforesaid grounds, there is a reference about three pending cases against the petitioner, which are registered under the Bombay Prohibition Act. The Authority, after considering the said cases, have detained him under PASA. The Authority has not recorded statements of witnesses. It is the aforesaid order which is impugned in this petition. (cid:9)The learned Advocate for the petitioner submitted that the petitioner, at the relevant time, was in judicial custody so far as the case at serial No.3 is concerned. (cid:9)The detaining authority came to the conclusion that the detenu will continue the said activities again after he is released on bail. However, no particulars have been given for coming to the conclusion that even in connection with the case at serial No.3, the petitioner will be released on bail. It is submitted by the learned Advocate for the petitioner that, normally, when the petitioner is found to be repeating the offences, such bail orders are not granted as a matter of course. To substantiate her say on this aspect, she has relied upon the decision of the Apex Court in Amritlal & Others v. Union Government and others, AIR 2000 SC 3675, wherein the Apex Court held as under ;- "(cid:9)...(cid:9)...(cid:9)...
In Agustin's decision (1994 Supp (1) SCC 597) (supra) this Court also placed strong reliance on an earlier but oft-cited decision of this Court in Binod Singh v. District Magistrate, Dhanbad,
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: after he is released on bail
Which statutory provisions did this judgment involve?
Constitution of India; Gujarat Prevention of Anti-social Activities Act, 1985; Bombay Prohibition Act.
Which court decided this case, and when?
Gujarat High Court, on 19 Aug 2004. The bench was P B MAJMUDAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.