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1986 Supreme(Guj) 70

P.R.GOKULAKRISHNAN, S.B.MAJMUDAR, A.P.RAVANI
Vedprakash – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: J.D.AJMERA, J.M.THAKAR, J.U.MEHTA, K.S.NANAVATI, M.G.KARMALI, M.R.KOTWAL, S.D.Shah, S.V.RAJU

GOKULAKRISHNAN, C. J.

( 1 ) SPECIAL Criminal Application No. 427 of 1986 comes up before the Full Bench on a reference made by a Division Bench of our High Court. The petitioner herein is sought to be detained under the provisions of the Prevention Black-marketing and Maintenance of Supply of Essential Commodities Act, 1980. On 6-12-1985, his premises were searched and kerosene tins were seized. On 20-2-1986, a detention order was made under S. 3 (1) of the said Act. Since the petitioner was absconding, a notification was issued in the Official Gazette as provided under S. 7 (1) (b) of the said Act. This was on 29-3-1986. On 3-4-1986 this Special Criminal Application was filed wherein the petitioner prayed for quashing the detention order as ab initio void and illegal. There is a further prayer for grant of stay against the execution of the order of detention passed by the second respondent, who is the Deputy Secretary to Government, Food and Civil Supplies Department, Government of Gujarat. A Division Bench of our High Court presided over by d. C. Gheewala and J. P. Desai, JJ. issued rule nisi on 7-4-1986 and granted stay as prayed for. Since the Division Bench felt difficulty in





























































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