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1992 Supreme(Guj) 116

C.V.JANI, SHARAD D.DAVE
SHAMJIBHAI MANJIBHAI PATEL – Appellant
Versus
COMMISSIONER OF POLICE – Respondent


Advocates Appeared: D.R.Kachhavah, K.I.PATEL, R.P.SOLANKI

DAVE, J.

( 1 ) ). The petitioner-detenu Samjibhai Manjibhai Patel, by filing the present Habeas Corpus Petition under Art. 226 of the Constitution of India. challenges the orders of detention pronounced by the Commissioner of Police, city of Ahmedabad, respondent No. 1 herein, Annexure a dtd. 26/09/1991, saying that, the petitioner-detenu requires to be preventively detained under the provisions of PASAA 1985.

( 2 ) ). The orders of detention dated 26/09/1991 and the grounds of detention bearing even date have been duly furnished to the petitionerdetenu. The reference to the grounds of detention would go to show that nowhere it has been stated that the petitioner-detenu is a "dangerous person" within the meaning of Sec. 2 (c) of the PASAA 1985. Any how, the mention of certain criminal cases registered against the petitionerdetenu and the recital in respect of certain statements recorded by the Sponsoring authority would go to show that the petitioner-detenu has been treated as a "dangerous person" within the meaning of Sec. 2 (c) of PASAA 1985. The subjective satisfaction arrived at, by the Detaining Authority, is that the activities of the petitioner-detenu affect adversely or are























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