KISHOR UPENDRANATH SHUKLA v. STATE OF GUJARAT

Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================

Whether Reporters of Local Papers may be allowed : NO to see the judgements?

To be referred to the Reporter or not? : NO

Whether Their Lordships wish to see the fair copy : NO of the judgement?

Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- RAJIV @ KISHOR UPENDRANATH SHUKLA Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MR HR PRAJAPATI for Petitioner MR SAMIR DAVE AGP for Respondent No. 1, 2, 3 -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 14/02/2001 ORAL JUDGEMENT The learned counsel for the respondents is in agreement that this matter is squarely covered on one point by judgment of this court in the case of Ranubhai Bhikhabhai Bharwad (Vekaria) v. State of Gujarat & Ors., reported in 2000(3) GLR 2696, and only on this ground, this order of detention of the petitioner vitiates. In view of this concession made by learned counsel for the respondents, this petition succeeds and the same is allowed. The order of detention of the petitioner dated 20.10.2000 passed by the Police Commissioner, Ahmedabad City, Ahmedabad, under Section 3(2) of the Gujarat Prevention of Antisocial Activities Act, 1985, detaining the petitioner as `Dangerous Person' is hereby quashed and set aside and the petitioner - Rajiv @ Kishor Upendranath Shukla, detenu, at present at Junagadh Jail, Junagadh, is to be set at liberty forthwith if he is not required in any other case. Rule is made absolute. No order as to costs. .......