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1999 Supreme(Guj) 414

K.G.BALAKRISHNAN, M.S.PARIKH
FIROZKHAN HUSEINMIYA RATHOD – Appellant
Versus
COMMISSIONER OF POLICE – Respondent


Advocates Appeared: ANIL S.DAVE, HARSHA N.DEVANI

M. S. PARIKH, J.

( 1 ) ALTHOUGH the notices have been issued in all these Letters patent Appeals, the learned Counsel for the appellants and the learned A. G. P. , have argued the matters and, therefore, the same are being finally disposed of.

( 2 ) ALL the three Letters Patent Appeals arise from a common judgment rendered by the learned single Judge on 28-6-1999 and 29-6-1999 in Special Civil application Nos. 8629, 8625 and 7809 of 1998 moved by the three appellants challenging their detention under Sec. 3 of the Gujarat Prevention of Anti-Social activities Act, 1985 (for short pasa Act ). All the detention orders were based on the same evidence. The three appellants being respectively the Police Sub- inspector and the Constables happened to be co-accused in an offence registered at C. R. No. 380 of 1998 in Kagdapith Police Station for the offences punishable under Secs. 318, 506 (2), 170 and 114 of the Indian Penal Code (for short i. P. C. ) as also Sec. 25 (1) of the Arms Act. The grounds of detention served upon the respective appellants along with the orders of detention indicate that over and above the aforesaid registered offences, further information has been received by the











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