In an oral order, the High Court of Gujarat disposed of a pre-detention petition after the Respondent disclosed no proposal to detain the petitioner under the PASA Act for a specific registered offence, though initiation for other offences remains possible.
Disposed of accordingly; Rule answered; 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/433/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 433 of 2018
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AKSHAY @ AKKU KHUSHALBHAI DEVRE
Versus
STATE OF GUJARAT
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Appearance:
MR BC DAVE (245) 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 : 06/04/2018
ORAL ORDER
Learned AGP is in receipt of communication dated 5.4.2018 from PI, Katargam police station, Surat City; 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.No.I-290/2017 with Katargam 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
2 issues framed by the court
Whether a pre-detention petition survives when the detaining authority discloses no proposal to detain the petitioner.
Whether proceedings under the PASA Act can be initiated against the petitioner for other offences after disposal of the present petition.
1 provisions across 1 enactments
AKSHAY @ AKKU KHUSHALBHAI DEVRE
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
