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2001 Supreme(Guj) 415

H.K.RATHOD
ARUN KUNDUVALLAPIL KRUSHNA NAYAR – Appellant
Versus
STATE – Respondent


Advocates Appeared: H.L.JANI, M.M.TIRMIZI

H. K. RATHOD, J.

( 1 ) HEARD learned advocate Mr. Tirmizi, for the petitioner and Mr. Jani, learned AGP for the respondent State. In this petition, the petitioner has challenged the impugned order of detention dated 25. 11. 2000 passed by the detaining authority under section 3 (1) of the Gujarat Prevention of Anti Social Activities Act, 1985 ("the PASA Act" for short ). The grounds of detention have been communicated to the petitioner under section 9 (1) of the PASA Act and the petitioner has initially been detained at Jamnagar Jail as Class II Detenu. According to the record, initially, the detaining authority passed the order of detention on 20th October, 2000 against the petitioner but that order has subsequently been revoked by the detaining authority on technical ground that the petitioner who is Madrasi is not aware of the Gujarati language and, therefore, the documents were thereafter translated in Hindi and without releasing the petitioner from earlier detention, second order of detention dated 25th November, 2000 has been passed against the petitioner which is under challenge in this petition. As per the grounds of detention, one offence has been registered against the pet















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