KANUBHAI BABUBHAI LAKHNOTRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Civil Application No.1 of 2018 is filed by the applicant - petitioner for releasing him on bail, till the final disposal of the petition.

(2.) When the Civil Application is listed for hearing, learned advocate Mr.B.M. Mangukiya appearing for the applicant has submitted that the applicant is having good case on merits and the respondent authority has grossly violated the provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as "PASA" for short) and also not properly considered the order dated 07.09.2017 passed in Special Civil Application No.20722 of 2016. It is contended that this Court has specifically directed the respondent authority that while passing the order of detention, the authority shall not consider the First Information Reports filed against the petitioner, which are stated in the said order. In spite of that, the respondent authority has passed the order relying upon such FIRs and thereby violated the direction issued by this Court. He, therefore, requested that the the applicant - petitioner be released during the pendency of the petition.

(3.) Learned advocate Mr.Mangukiya has placed reliance upon the decision rendered by this Court in the case of State of Gujarat and Anr Vs. Sureshbhai Keshavbhai Shah and Anr. reported in, 2016 4 GLR 3175 and submitted that this Court is having power to release the detenue on bail during the pendency of the petition.