This order disposes of a pre-detention petition where the competent authority clarified no proposal existed to detain the petitioner under the PASA Act. The court held the petition could not survive and dismissed it, permitting direct service.
Petition dismissed as it does not survive; 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/1700/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1700 of 2018
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MUKESH @ CHENGLO UKABHAI CHUNARA
Versus
STATE OF GUJARAT
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Appearance:
MS SUBHADRA G PATEL(656) for the PETITIONER(s) No. 1 MS MD MEHTA, AGP (1) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.G. SHAH Date : 14/06/2018 ORAL ORDER
Learned AGP is in receipt of communication dated 14.6.2018 from 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 C.R.Nos.III1078/2017, 1079/2017, 551/2017, 577/2017, 687/2017 and 266/2018 with Panigate 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 predetention 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 a pre-detention petition survives when the competent authority discloses no proposal to detain the petitioner under the PASA Act.
1 provisions across 1 enactments
MUKESH @ CHENGLO UKABHAI CHUNARA
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
