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1990 Supreme(SC) 445

K.JAYACHANDRA REDDY, A.M.AHMADI, M.M.PUNCHHI
Ayub Alias Pappukhan Nawabkhan Pathan – Appellant
Versus
S. N. Sinha – Respondent


Advocates:
Anip Sachthey, Ashish Varma, B.K.Jad, B.K.MEHTA, C.B.Nath, D.A.DAVE, M.N.SHROFF, P.H.Parekh, SHALINI SONI

Judgment

K. JAYACHANDRA REDDY, J.:- We allowed the Writ Petition vide our Order dated 7-8-90 and released the detenu for the reasons to be given later. We accordingly proceed to give the reasons.

2. The petitioner was detained under S. 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (Act for short) by an Order dated 13-3-90 passed by the Commissioner of Police, Ahmedabad City. The grounds were served within time. The said order is challenged in this Writ Petition. It is mainly contended that the detaining authority has not applied his mind in passing the detention order inasmuch as the relevant material has not been taken into account at the time of passing the order. Even otherwise, according to the learned Counsel, there are absolutely no grounds which warrant detention. It is also further submitted that the provisions of the Act are not attracted even if all the averments in the grounds are accepted. To appreciate this contention it becomes necessary to refer to the contents of the grounds in brief.

3. The detenu is a resident of Ahmedabad City. There is a reference in the grounds about three crimes registered in various police stations and they are Crimes Nos. 1












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