The High Court disposed of a pre-detention petition against the petitioner after the respondent authority certified that no proposal to detain existed for the specific offence and restricted future detention under the PASA Act for that offence.
Rule answered accordingly; petition disposed of; Direct Service permitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/1145/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1145 of 2018
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NITINBHAI KANDUBHAI RATHVA
Versus STATE OF GUJARAT
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Appearance:
MR NV GANDHI(1693) for the PETITIONER(s) No. 1 MR NIRAJ ASHAR, AGP (1) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 05/04/2018
ORAL ORDER
Learned AGP is in receipt of communication dated 5.4.2018 from the Competent Authority; copy of which is to be taken on record disclosing that there is no proposal to detain the petitioner. It is clarified that herein after, the detaining authority shall not detain the petitioner under the PASA Act on account of offence/s registered vide Prohibition C.R.No.III-8/2018 with Dabhoi police station. However, the competent authority is at liberty to initiate proceeding under the PASA Act against the petitioner in respect of other offence/s, if any registered and incriminating materials found and made available after the disposal of present petition. In view of such disclosure, the present petition at pre-detention stage does not survive and hence, it is disposed of accordingly. Rule is answered accordingly. Direct Service is permitted.
(S.G. SHAH, J)
VATSAL S. KOTECHA
Page 1 of 1
1 issue framed by the court
Whether the pre-detention petition survives after the competent authority discloses no proposal to detain and clarifies restrictions on future detention under the PASA Act for the registered offence.
1 provisions across 1 enactments
NITINBHAI KANDUBHAI RATHVA
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
