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1995 Supreme(Guj) 281

K.J.VAIDYA
YAKUB ISMAIL CHHIPA – Appellant
Versus
DISTRICT MAGISTRATE,bharuch – Respondent


Advocates Appeared: H.R.PRAJAPATI, M.R.RAVAL, P.M.THAKKAR

K. J. VAIDYA, J.

( 1 ) "subjective Satisfaction". What it is ? What indeed is its scope and purport, and accordingly therefore, the true meaning of it, is the subjectmatter of discussion in this petition, so as to understand its implication in proper perspective, vis-a-vis the aspect of Non-application of mind, more often urged and also occasionally allowed declaring ab initio invalid the impugned order of detention.

( 2 ) YAKUB Ismail Chhipa, by this petition under Art. 226 of the Constitution of India, has moved this Court challenging the impugned order of detention dated 21-10-1994, passed against him under Sec. 3 (2) of the Gujarat Prevention of Anti- social Activities Act, 1985, by the District Magistrate, Bharuch, inter alia praying for quashing and setting aside the same and to set him at liberty forthwith. He has been detained as a "bootlegger", as defined in Sec. 2 (b) of the PASA, on several allegations as stated in detail in the grounds of detention. 2a. Mr. H. R. Prajapati, the learned Advocate while challenging the impunged order of detention has vehemently contended that since the said order suffers from the patent vice of the non-application of mind on the part of the







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