NITIN BHIMABHAI PATEL Vs. UNION TERRITORY OF DAMAN

JUDGEMENT

(1.) Rule, having regard to the challenge raised, made returnable forthwith and heard with the consent of the learned counsel for the parties.

(2.) By this Writ Petition under Articles 226 and 227 of the Constitution of India, the Petitioner challenges the orders dated 14/03/2019 bearing No.COL/DMN/WEST/2019/1669 AND COL/DMN/EST/2019/27409 dated 17/03/2019, and 1/home 253(2) PASA-2018-19/97 dated 20/03/2019 passed by the Detaining Authority thereby detaining the Petitioner/Detenu in jail.

(3.) It is the case of the Petitioner/Detenu that he was asked to attend the coastal police station in the morning of 14/03/2019 and upon inquiry, subsequently, he was detained and shown as arrested from his residence. It is further the case of the Petitioner/Detenu that at that time no detention order was served upon him, but his family was informed by the police that the Petitioner/Detenu was arrested under the Prevention of Anti-Social Activities (for short "the PASA Act"). On the next date i.e. on 15/03/2019 the police had served detention order dated 14/03/2019 at the Petitioner's house. The Petitioner/Detenu has been lodged in the Sub-Jail, Fort Area, Moti Daman. Both the detention orders dated 14/03/2019 and 17/03/2019 have been served upon the Petitioner/Detenu. It is also his case that, at the time of detention the Petitioner/Detenu was unaware of the grounds of his detention.