KOLI BHARATBHAI UKABHAI VEGAD Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard Mr.A.S.Dave learned advocate on behalf of the petitioner and Mr. H.L.Jani learned AGP on behalf of the respondents.

(2.) In the present petition the petitioner has challenged the order of detention dated 21.7.2000 under Article 226 of the Constitution of India. The order of detention has been passed by the District Magistrate, Bhavnagar against the present petitioner and the petitioner has been detained in District Jail, Junagadh as Class-II detenu. The grounds of detention have been communicated and supplied to the present petitioner under section 9(1) of the Gujarat Prevention of Anti-social Activities Act 1985 (hereinafter referred to as PASA Act) on 21.7.2000 and the order of detention has been passed by detaining authority under section 3(1) of the PASA Act. In all 3 offences were registered against the present petitioner dated 4.6.1997, 14.11.1998 and 3.11.1999. This matter has been argued at length before this Court (Kundan Singh.J) and this court has decided the said matter on 14.12.2000. While deciding the said matter finally, this court has referred the matter for the decision of the Larger Bench in respect of the following questions:

(3.) After referring the matter to Larger Bench by Kundan Singh.J by order dated 14.12.2000, the Larger Bench has given the answers in respect of the 3 questions which have been raised by the learned single Judge on 4.5.2001 as under: