( 1 ) THROUGH this Special Civil Application under Art. 226 of the constitution of India, the petitioner-detenu seeks to challenge his detention order dated 16. 4. 1996 passed by the Police Commissioner, Ahmedabad City under the provisions of gujarat Prevention of Antisocial Activities Act, 1985. The detention order was executed on the same day i. e. 16. 4. 1996 and since then the petitioner-detenu is under detention.

( 2 ) THIS Special Application is filed in this Court on 30. 4. 1996 and on 1. 5. 1996 Rule returnable on 22. 7. 1996 was issued with the direction to the respondents to file an affidavit-in-reply, if they so desire. It is given out by Mr. Shukla, learned A. P. P. that the department was served with the notice of this petition on 23. 6. 1996. However, the respondents have chosen not to file any affidavit-in-reply to this petition and therefore, the factual allegations made by the petitioner-detenu in the petition remain uncontroverted. Mr. Shukla, learned APP has submitted that it has been the practice throughout to argue the detention matters without filing any affidavit-in-reply and only oral submissions are made at the time of arguments on the basis