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A. S. SUPEHIA, M. R. MENGDEY
Sonu Maheshchandra Agarwal – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. Draft Amendment is allowed. The Amendment as per the Draft Amendment shall be carried out forthwith.
2. Since the issue is squarely covered by the judgment dated 12.04.2023 passed in Special Civil Application No.6176 of 2023 in the case of co-detenue, the matters are taken up for final hearing today.
3. Rule was already issued by this Court vide order dated 25.05.2023 in the aforesaid matter.
4. By way of the present petition under Article 226 of the Constitution of India, the petitioner has challenged the detention order dated 01.05.2023 passed by the detaining authority, in exercise of powers under Section 3 (2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, with a view to prevent them from acting in prejudicial manner to the maintenance of supplies of the commodities essential to the community.
5. Learned advocate for the petitioner has mainly argued that though the order of detention is bad in law, illegal, unconstitutional, null and void, he would submit on the ground of non-application of mind on the part of the Detaining Authority in recording his subjective satisfaction for passing the detention
The Detaining Authority must act independently and with an open mind, and should not prejudge the issue even before considering the materials produced before him by the sponsoring authority. There sh....
The subjective satisfaction of the detaining authority for preventive detention must be based on cogent material and is subject to judicial review.
Preventive detention orders must be based on specific and substantiated grounds, with the detaining authority required to apply its mind independently to the facts of the case, and any significant de....
The central legal point established in the judgment is the importance of providing the detenue with all the material on which the detention order was based to enable them to make an effective represe....
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