SANJAY Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Heard learned advocate Mr. B. H. Solanki for the petitioner and learned Assistant Government Pleader Mr. Jayneel S. Parikh for the respondent - State.

(2.) It is submitted by learned advocate for the petitioner that petitioner filed petition being Special Civil Application No.11451 of 2021 before this Court at pre-execution stage. When the said matter was listed on Board on 21.09.2021, the concerned AGP, under the instructions of the detaining authority, made a statement that the detaining authority has not received any proposal for passing an order of detention against the present petitioner. On the basis of said statement made by learned AGP, learned advocate for the petitioner sought permission to withdraw the said petition. Accordingly, the petition was disposed of. This Court, while disposing of the said petition, has granted liberty to the present petitioner to file fresh petition in case of difficulty.

(3.) It is submitted by learned advocate for the petitioner that within a period of 12 days only from the date of withdrawal of the petition, now, the order of detention has been passed on 04.10.2021 against the petitioner and thereafter he has been detained under the provisions of the Prevention of Anti-social Activities Act. It is, therefore, urged that the order of detention passed against the petitioner be suspended.