Respondent clarified via communication that no proposal exists to detain the petitioner under PASA Act for the registered offence. Consequently, this pre-detention petition was held unsustainable and disposed of.
Petition disposed of; rule answered accordingly; Direct Service to be provided if requested.
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/529/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 529 of 2018
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ARUNBHAI PRAKASH KHARVA
Versus
STATE OF GUJARAT
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Appearance:
O I PATHAN(7684) for the PETITIONER(s) No. 1
MS RR GURU, AGP (1) for the RESPONDENT(s) No. 1
========================================================== CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 19/03/2018 ORAL ORDER
Learned AGP is in receipt of communication dated NIL from P.I., Navapura police station, Vadodara 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 III C.R.No.627 of 2017 with Navapura 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. Registry shall provide Direct Service, if requested by the petitioner.
(S.G. SHAH, J)
KOTECHA
Page 1 of 1
1 issue framed by the court
Whether a pre-detention petition survives when a statement from the detaining authority confirms no proposal to detain under PASA Act.
1 provisions across 1 enactments
ARUNBHAI PRAKASH KHARVA
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
