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1992 Supreme(Guj) 10

K.J.VAIDYA, SHARAD D.DAVE
DILIPKUMAR AMRUTLAL GANATRA – Appellant
Versus
DISTRICT MAGISTRATE, rajkot – Respondent


Advocates Appeared: A.R.Thakkar, H.M.BHAGAT, J.A.SHELAT, K.V.SHELAT, KIRAN SHAH, M.R.RAVAL, N.S.DESAI, P.M.THAKKAR, R.S.SANJANWALA, YOGESH LAKHANI

K. J. VAIDYA, J.

( 1 ) THREE important questions of the paramount public importance that arise for our consideration in group of these 8 detention matters are as under : firstly, "whether enmass cyclostyled paroles granted to the detenu under sec. 15 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short bm Act) and that too on the basis of general policy adopted by the State Government that on every religious festivals like Diwali, Id , Xmas and Makarsankranti, etc. , the detenu may be temporarily released on parole without even waiting for the request application, in the first hand retrospectively vitiates the subjective satisfaction of the State Government regarding original order of detention passed by the Detaining Authority and/or on the other hand prospectively also, the same vitiates the further continued detention of the detenu ?" secondly, "whether Sec. 15 of the BM Act vests any absolute, unfettered and arbitrary powers in the State Government to lightly temporarily release the detenu on parole, unmindful of the underlying spirit and object of the bm Act for which he essentially and actually came to be preventively de


















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