GUJARAT HIGH COURT
S. R. K., J
Jamnadas Naranbhai Patel – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. challenging detention based on factual oversights. (Para 1 , 2 , 3 , 4) |
| 2. emphasis on need for comprehensive fact consideration. (Para 5 , 8) |
| 3. detention must be justified by evidence and mind application. (Para 6 , 7 , 9 , 10 , 11) |
1. The petitioner herein is the wife of one Jamnadas Naranbhai Patel and she complains about the order of detention passed by the State of Gujarat against her husband directing that her husband should be detained in prison under the provisions of S.3(1) of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 . The petition is presented under Art.226 of the Constitution praying for a writ of habeas corpus or any other writ, direction or order quashing and setting aside the order of detention at Annexure - 'A'. The order of detention was passed against the detenu on Jan. 29, 1981. It was passed by the State of Gujarat and it has been duly authenticated by the Deputy Secretary to the Government. The order was passed because the Government of Gujarat was satisfied with respect to the detenu that with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of
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