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2024 Supreme(Guj) 432

A. Y. KOGJE, SAMIR J. DAVE
Kalpeshbhai Devshibhai Vadher – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vaibhav N Sheth
For the Respondent: Ms Jyoti Bhatt, APP.

JUDGMENT :

Samir J. Dave, J.

1. This petition under Article 226 of the Constitution of India is filed for the following reliefs:

    “(a) This Hon’ble Court may be pleased to admit and allow the present petition;

    (b) This Hon’ble Court be pleased to issue a writ of mandamus or a writ in the name of mandamus or any other appropriate writ, order or direction quashing and setting aside at pre execution stage the order of detention passed by respondent no.1 under PASA mentioned hereinabove, as being illegal invalid null and void, arbitrarily and suffering from non application of mind, without jurisdiction and illegal, suffering from malafides and violative of Articles 21, 22 and 226 of the Constitution of India;

    (c) Pending admission hearing and final disposal of this petition, this Hon’ble Court may be pleased to restrain the respondents and/or their agents, servants, persons, employees etc. from executing the order of detention upon the petitioner or from detaining the petitioner in any manner under PASA, in the interest of justice;

    (d) xxx.. xxx… xxx;”

2. The challenge is to the order of detention at pre-execution stage that the respondent No.7– detaining authority viz. the District Magistrat

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