This is an oral order disposing of a pre-detention petition under the PASA Act after the detaining authority clarified that no proposal to detain exists for the petitioner regarding specific police complaints.
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C/SCA/569/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 569 of 2018
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SANJAYBHAI VALLABHBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
K T BELADIYA(9101) for the PETITIONER(s) No. 1 MS VC SHAH, AGP (1) for the RESPONDENT(s) No. 1
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Date : 21/03/2018 ORAL ORDER
Learned AGP is in receipt of communication dated 20.3.2018 from District Magistrate, Valsad 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.Nos.III-229 and 447 of 2017 with Valsad Town as well as Navsari Town police stations respectively . 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. 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 civil petition challenging pre-detention under the PASA Act survives given the clarification that no proposal to detain exists for the specified offences.
1 provisions across 1 enactments
SANJAYBHAI VALLABHBHAI PATEL
STATE OF GUJARAT
S.G. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
