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1990 Supreme(Guj) 154

J.U.MEHTA, S.M.SONI
MULCHANDBHAI SHOBHRAJMAL GANVANI – Appellant
Versus
GOVERNMENT OF GUJARAT – Respondent


Advocates Appeared: H.M.BHAGAT, P.M.THAKKAR, P.S.PATEL

MEHTA, J.

( 1 ) THE present petitioner who is the detenu has challenged the order of detention, dated 28-8-1990 passed by respondent No. 1 under the provisions of the Prevention of Blackmarketing and Maintenance of Supply of essential Commodities Act, 1980. The order of detention is annexed at Annexure "a" to the petitioner. The grounds on which the order of detention is passed are annexed at Annexure "b".

( 2 ) THE only point raised on behalf of the petitioner is that in the present case, the detaining authority, while supplying the documents along with the ground of detention, supplied illegible copies of the relevant documents which affected the right of the detenu for making an effective representation and thus resulted in the infringement of the right of the detenu under Art. 22 (5) of the Constitution and, therefore, the order of detention be quashed and set aside. The learned advocate for the petitioner invited our tension to page 1 of the compilation supplied to the detenu, which is a statement of one Harpaldas Shobhrajmal recorded on 4-2-1990. We have perused the said statement and we find that it is absolutely illegible. The said statement was also shown to the learned Add





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