RAM NARAYAN SEVRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.P.J.Kanabar, learned advocate appearing on behalf of the petitioner and Mr.H. L.Jani, learned AGP for respondents - State. In the present petition, the petitioner has challenged the order of detention dated 23rd February, 2001 under Article 226 of the Constitution of India. The detention order has been passed by the District Magistrate, Junagadh District under Section 3[2] of the PASA Act and the grounds of detention are communicated and supplied to the petitioner under Section 8[1] of the PBM Act. The present petitioner has been detained in District Jail Palanpur as class II detenu.

(2.) Learned advocate Mr.P.J.Kanabar has raised various contentions challenging the detention order but according to him, one contention is enough to vitiate the order of detention. He submitted that at the time of checking, stock register has been seized by the concerned authority but no xerox of the said stock register has been supplied to the present petitioner but merely an abstract has been supplied from the stock register to the petitioner as per pg.89 to 93 and therefore, this is nothing but insufficient compliance for making effective representation by the petitioner under Article 22[5] of the Constitution of India. He also relied upon three decisions of the Apex Court, three decisions of the Apex Court, which are referred as under :-

(3.) Learned AGP Mr.H.L.Jani appearing on behalf of the respondents has submitted that the detaining authority District Magistrate, Junagadh has filed a detailed affidavit in reply. Mr.Jani, learned AGP has, relying upon the said affidavit in reply filed by the detaining authority submitted that supply of an abstract can be said to be sufficient compliance on the part of the detaining authority as the said abstract is the copied from the original documents and therefore there was no need to supply xerox copy of the entire stock registers / documents and the petitioner would have made an effective representation after considering the abstract which was supplied to him by the detaining authority and therefore, according to him, the order of detention is legal and valid and the same has been passed taking into account all the relevant materials on record and hence, the detention order has been rightly passed by the detaining authority. Therefore, according to him, no interference of this Court is required in the matter.