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1989 Supreme(Guj) 146

V.H.BHAIRAVIA, S.B.MAJMUDAR
MUNNA IDUBHAI SHAIKH – Appellant
Versus
STATE – Respondent


Advocates Appeared: DIPAK K.TRIVEDI, P.M.THAKKAR, S.M.SOPARKAR

V. H. BHAIRAVIA, J.

( 1 ) THIS petition is directed against the detention order No. PCB/dtn/pasa/38a/1989 dated 17-6-1989 passed by the Commissioner of Police Ahmedabad City under Section 3 (2) of the Gujarat Prevention of Anti-Social Activities Act 1989 (hereinafter to be referred to as the PASA Act.)

( 2 ) THE detention order was served on the petitioner by the detaining authority along with the grounds of detention. The detaining authority relied on four criminal cases filed against the detenu under the Bombay Prohibition Act. The detaining authority also referred to the previous history of the detenu and the criminal proceedings filed against him. Period from 1984 to 1989 was considered for his anti-social activities. Criminal proceedings taken in the years 1984 1986 and 1987 were also taken into consideration. Not only that but detention order passed on 29-7-1987 was also taken into consideration. That order was set aside by this Court. The detaining authority has considered the criminal activities of the detenu and passed the im- pugned detention order. All this material is supplied to the detenu along with the detention order. But a copy of the judgment of this Court as allege







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