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2006 Supreme(Guj) 128

K.M.MEHTA
Pramod Bhagwan Nayak (Surat) – Appellant
Versus
STATE OF GUJARAT – Respondent


Judgment

K.M. Mehta, J.—Pramod Bhagwan Nayak, petitioner, original detenu, has filed this habeas corpus petition challenging the order dated 23.08.2005 passed by the Police Commissioner, Surat City, Surat, Respondent No. 2 herein. The petition was filed before this Court on 13.10.2005. When the matter was placed for hearing on 21.10.2005 this Court has issued rule. On behalf of the respondent Mr. L.R. Pujari, learned AGP, appears. With the consent of the parties the matter is taken up for final disposal.

2. Mr. Amrish Pandya, learned Advocate, appears on behalf of Ms. Krishna U. Mishra, learned Advocate for the petitioner. He has invited my attention to the order of detention dated 23.08.2005 in which the authority has passed order under the provisions of Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as “the PASA Act”). He has also invited my attention to the order of committal dated 23.10.2005 whereby the petitioner has been sent to Rajkot jail.

3. The learned Advocate has also invited my attention to the grounds of detention supplied to the petitioner by the authority. The grounds of detention reveal that the authority has record




































































































































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