IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 12187 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 -------------------------------------------------------------- MOHMMED IKBAL MOHMMED RAFFIK AMDAVADI Versus COMMISSIONER OF POLICE -------------------------------------------------------------- Appearance: MR ANIL S DAVE 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 12-10-2000 of the Police Commissioner, Surat city under which he was detained as a dangerous person. #. Learned counsel for the respondents does not dispute that the copies of statements of witnesses recorded under section 161 of Cr.P.C. have not been supplied to the petitioner by the detaining authority. #. In view of this factual position, this matter succeeds and the same is allowed. #. Learned counsel for the parties are in agreement that the petitioner is at present in Vadodara Central Jail, Vadodara. #. In the result, this petition succeeds and the same is allowed. The order of detention of the petitioner dated 12-10-2000 is quashed and set aside. The petitioner Mohmmed Ikbal Mohmmed Raffik Amdavadi, the detenu, at present in Vadodara Central Jail, Vadodara be set at liberty forthwith, if he is not required in any other case. Rule is made absolute. No order as to costs. ********** zgs/-