LAWS(GJH)-2007-12-41

JAGDISHBHAI PARSHOTAMBHAI PATEL Vs. DISTRICT MAGISTRATE

Decided On December 07, 2007
JAGDISHBHAI PARSHOTAMBHAI PATEL Appellant
V/S
DISTRICT MAGISTRATE Respondents

JUDGEMENT

(1.) THE petitioner-detenu has challenged the order of detention dated 3. 8. 2007 by the respondent No. 1, the District Magistrate, Vadodara by way of this petition. The petitioner is detained under the provisions of Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980 (for short, the SAct ). Heard the learned advocate for the petitioner and the learned AGP for the State.

(2.) IT is submitted by the learned advocate for the petitioner that till today, the central Government has not decided the representation forwarded by the State Government and it is still pending.

(3.) LEARNED AGP submitted that as they are awaiting further remarks from the State Government, the Central Government has not decided the representation. It is to be noted that, as per the submissions of the learned AGP, at the time of passing the order of detention, they have sent the grounds of detention along with all the materials on which the detaining authority passed the order of detention were sent to the Central Government and so the grounds of detention and the relevant materials were already with the Central Government and on the basis of this, they could very well decide the representation submitted by the detenu and sent the report to the State Government.