✦ Gujarat High Court · 28 Mar 2003

MANGUBHAI RAISINGBHAI DHODIA PATEL v. COMMISSIONER OF POLICE SURAT CITY

Civil Application No. 9537 of 2002P B MAJMUDAR2 min read

Case at a glance

Decided
28 Mar 2003
Bench
P B MAJMUDAR

Judgment

Mr.M.K.Patel, Assistant GOVERNMENT PLEADER, for Respondent No. 1-3 -------------------------------------------------------------- CORAM : MR.JUSTICE P.B.MAJMUDAR Date of decision: 28/03/2003 ORAL JUDGEMENT (cid:9)By filing this petition, the petitioner-detenu has challenged his detention order dated 28.8.2002, by which he is detained as a 'bootlegger' under the provisions of the Gujarat Prevention of Anti-social Activities Act, 1985 ("PASA", for short). In the grounds of detention of the same date, there is a reference about three pending criminal cases against the petitioner under the Bombay Prohibition Act. The Authority, after considering the cases registered against the petitioner, detained him under PASA as a bootlegger. (cid:9)At the time of hearing of this petition, it is submitted by the learned Advocate for the petitioner that even though the petitioner made a representation on

9.9.2002 and which was received by the Jail Authority on

11.9.2002, the same was decided on 17.9.2002 and, therefore, there is a delay in deciding the representation at the end of the State Government. The petitioner has also placed on record a copy of the communication received by him from the Home Department on 18th September, 2002. In the body of the petition also, the petitioner has taken the point about delay. Of course, he has not given specific dates. However, point of delay is taken in ground No.17. (cid:9)There is no reply in this petition either from the State Government or the Detaining Authority. None of the points raised by the petitioner is controverted. The State has also not denied the fact that the representation of the petitioner was not decided expeditiously and there is no reply on the record. In that view of the matter, since the delay in deciding the representation of the petitioner is not explained by the State Government, the petition is required to be allowed. (cid:9) (cid:9)This petition is accordingly allowed. The order of detention is quashed and set aside. It is ordered that the detenu be released forthwith unless he is required in connection with any other case. Rule is made absolute. 28th March, 2003(cid:9)( P.B. Majmudar, J. ) *** (apj)

Questions this judgment answers

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 28 Mar 2003. 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.

Why is this linked?

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