SCA/8145/1997 of NANA @ NANIYO GANPAT PATIL Vs STATE OF GUJARAT on 12 December 1997

1. Whether Reporters of Local Papers may be allowed to see the judgements?

2. To be referred to the Reporter or not?

3. Whether Their Lordships wish to see the fair copy of the judgement?

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the Civil Judge?

-------------------------------------------------------------- NANA @ NANIYO GANPAT PATILVersus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MR HR PRAJAPATI for Petitioner Mr DP Joshi, AGP for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE N.N.MATHUR Date of decision: 19/12/97

ORAL JUDGEMENT

The petitioner has challenged the legality and validity of the order of detention dated 4.7.97 passed by Police Commissioner, Surat City. It is contended that copies of the bail application preferred by the co-accused and the order passed therein were supplied to the petitioner. On the same ground the detenu namely; Amrut alias Aambo Gangaram has been released. His detention has been quashed by the order of this Court dated 3.12.97 in Special Civil Application No. 6926/97.

For the reasons recorded and the conclusion arrived at in the said judgment, detention of the present petitioner dated 4.7.1997 is quashed and set aside. It is directed that the detenu shall be set at liberty forthwith, if he is not required in any other cases. Rule is made absolute accordingly.

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msp.