MUKHTIARKHAN MAGBULKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ORAL JUDGEMENT

(2.) HEARD learned advocate Mr. Tirmizi for the petitioner and the learned AGP Mr. Jani for the respondents. In this petition under Article 226 of the the Constitution of India, the petitioner has challenged the impugned order of detention dated 6th December, 2000 passed by the Commissioner of Police, Ahmedabad City whereunder the petitioner has been ordered to be detained at the District Jail at Baroda as Class II detenu. According to the grounds of detention communicated to the petitioner under section 9(1) of the Gujarat Prevention of Anti Social Activities Act, in all, seven offences have been registered against the petitioner wherein last offence registered is dated 4th December, 2000 and the impugned order of detention has been passed by the detaining authority which has actually been executed on 7th December, 2000. As per the grounds of detention, the petitioner was in judicial custody at the time of passing of the impugned order. The statements of the secret witnesses as recorded on 4th December, 2000 were verified by the detaining authority on 5th December, 2000 and on the next day i.e. 6th December, 2000, the impugned order has been passed by the detaining authority. The respondents have not filed any reply to the present petition.