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1987 Supreme(Guj) 140

B.S.KAPADIA, A.P.RAVANI
NOORMOHMAD ISMAIL SHAIKH – Appellant
Versus
COMMISSIONER OF POLICE,vadodara – Respondent


Advocates Appeared: DIPAK K.TRIVEDI, H.L.PATEL

A. P. RAVANI, J.

( 1 ) PETITIONER has been detained under the relevant provisions of the Gujarat Prevention of Anti-Social Activities Act 1985 as per order of detention dated 28/04/1987 passed by the Commissioner of Police Vadodara. At the time of service of the detention order petitioner has been served with the grounds of detention also.

( 2 ) LEARNED Counsel for the petitioner has assailed the legality and validity of the detention order on the ground that the copies of the externment order dated 3/04/1983 and the judgment and order dated 21/08/1985 passed by this High Court quashing and setting aside the earlier detention order passed under the relevant provisions of the Act have not been supplied to the detenu and this has resulted into infraction of petitioners fundamental right under Art. 22 (5) of the Constitution of India inasmuch as he has not been able to make effective representation against the order of detention. This challenge is sought to be met by the learned Counsel for the respondents stating that the order of externment dated 3/04/1983 has been mentioned in the grounds of detention only as a passing observation. This is so stated in para 10 of the affidavit in re





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