IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 10861 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 -------------------------------------------------------------- JITUBHAI BHIMJIBHAI CHAVADA Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MR HR PRAJAPATI 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 28-9-2000 of the District Magistrate, Ahmedabad under which he was detained as a bootlegger. #. One of the contentions raised is that the copies of statements of witnesses recorded under section 161 of Cr.P.C. in the criminal complaint, details of which have been given in para (i) of the petition 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 annexure `C' at page No.20 that this grievance has been made by the petitioner. #. Reply to the special civil application has not been filed by any of the respondents and as such the factual averments made by the petitioner in the special civil application stand uncontroverted. 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 28-9-2000 is quashed and set aside. The petitioner Jitubhai Bhimjibhai Chavada, the detenu, at present in Jamnagar Jail at Jamnagar be set at liberty forthwith, if he is not required in any other case. Rule is made absolute. No order as to costs. ********** zgs/-