NARESHKUMAR PRITAMDAS SADHVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx.

(2.) It is difficult to accept the submission urged on behalf of the respondents. The detaining authority is dutyfound to apply his mind to the material produced before him by the sponsoring authority and has to form the subjective satisfaction on the basis of material itself. In the instant case, verification of entire material supplied to the petitioner alongwith the group of detention disclose that nowhere by any of statement, Panchnama or information supplied, a fact was placed before the detaining authority that the petitioner used to store countrymade liquor in Kagadapith area after bringing the same through vehicle from nearby area like Mahemdabad. That the said fact having stated in the grounds of detention also disclose the non-application of mind on the part of the detaining authority which renders the impugned order invalid.

(3.) xxx xxx xxx.