MOHAMAD AKHATAR ABDUL KARIM Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Mohamad Akhatar Abdul Karim
STATE OF GUJARAT
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J.P.DESAI, J. -
(1.)The petitioner who has been detained under Sub-S (2) of S. 3 of the Gujarat Prevention of Anti-Social Activities Act, 1985 has challenged the order of detention on various grounds. One of the grounds is that complete addresses of the witnesses have not been given and, therefore, the petitioner was not in a position to make an effective representation against the order of detention. We are inclined to accept this contention and, therefore, we do not propose to go into the other grounds of challenge.
(2.)The learned advocate who has appeared for the petitioner is supported in his submission by the Judgment of a Division Bench of this Court in Special Criminal Application No.878 of 1987 delivered on 14-3-1988 wherein such a contention has been accepted. We are in complete agreement with the ratio of this judgment and the reasons recorded by this Court which has again relied upon the judgment of the Supreme Court reported in Motilal Jain v. State of Bihar AIR 1968 S.C. 1509. The petitioner could not have said anything about the witnesses unless he knew the complete addresses of the witnesses because there may be so many persons in a large area of the same name. The petitioner was thus not in a position to make effective representation, and, therefore, the detention of the petitioner is vitiated.
Rule made absolute.
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