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2005 Supreme(Guj) 467

SHARAD D.DAVE
GOPALBHAI CHATURBHAI AMIN – Appellant
Versus
DISTRICT MAGISTRATE – Respondent


Advocates Appeared: ANIL S.DAVE, P.D.BHATE, T.S.NANAVATI

SHARAD D. DAVE, J.

( 1 ) BY filing this petition, the petitioner detenu has challenged the detention order dated 28. 12. 2004 passed by the District Magistrate, Gandhinagar in exercise of the powers conferred upon her under sub-section (1) of Section 3 of the Gujarat Prevention Anti-Social Activities Act, 1985 (the Act for short), as, the dangerous person and property grabber" and is required to be detained under the preventive detention, so that, he may not continue with such type of illegal activities.

( 2 ) ALONG with the detention order, the detenu was also served with the grounds of detention of the same date. In the said grounds, there is a reference to four criminal cases which are filed under the Indian Penal Code. In the grounds of detention, the statements of certain witnesses have been recorded.

( 3 ) LEARNED advocate appearing on behalf of the petitioner detenu has raised manifold contentions. It is mainly submitted that when the detention order dated 28. 12. 2004 came to be passed, the petitioner was in judicial custody in connection with all four offences registered against him under the Indian Penal Code and the petitioner did not prefer any bail application before th









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