This oral order dismisses a special civil application seeking protection from detention under the PASA Act. The court held that the petition does not survive as the competent authority disclosed no proposal to detain for the offences in question.
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/3327/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3327 of 2018
========================================================== DIPAK MOHANDAS CHETNANI @ DIPU JAYMATAJI
Versus STATE OF GUJARAT
========================================================== Appearance:
MS KRISHNA U MISHRA(1083) for the PETITIONER(s) No. 1 MS MD MEHTA, AGP (1) for the RESPONDENT(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE S.G. SHAH Date : 11/06/2018 ORAL ORDER
Learned AGP is in receipt of communication dated NIL 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.I-341/2017 and 35/2018 with Sardarnagar 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 the predetention petition survives when the competent authority discloses no proposal to detain for the registered offences.
1 provisions across 1 enactments
DIPAK MOHANDAS CHETNANI @ DIPU
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
