IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 11121 of 2000 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- RAMESHBHAI RAVJIBHAI PATEL Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MS SUMAN PAHWA for Petitioner MR SAMIR J DAVE for Respondent No. 1, 2, 3 -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 27/02/2001 ORAL JUDGEMENT #. Challenge has been made by the petitioner to the order dated 22-9-2000 of the District Magistrate, Valsad, under which he was detained as a bootlegger. #. One of the contentions has been raised that the copies of statements of witnesses recorded under section 161 of Cr.P.C. in the criminal complaint, have not been supplied to the petitioner by the detaining authority. It is further submitted that in the representation filed by the petitioner against the detention order, this grievance has also been made. I find from document at page No.21 and more particularly para-4 thereof that this grievance has been made by the petitioner. #. These factual averments made by the petitioner in the special civil application have not been controverted by the learned counsel for the respondent. It is a clear case where the petitioner has been denied of his right of making effective representation against the detention order as conferred upon him under Article 22(5) of the Constitution of India. #. In the result, this petition succeeds and the same is allowed. The order of detention of the petitioner dated 22-9-2000 is quashed and set aside. The petitioner Rameshbhai Ravjibhai Patel, the detenu, at present in Sabarmati Central Jail, Ahmedabad be set at liberty forthwith, if he is not required in any other case. Rule is made absolute. No order as to costs. ********** zgs/-