SCA/24778/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 24778 of 2007 WITH CIVIL APPLICATION No. 966 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE MD SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SURESHBHAI SHANKERBHAI THAKKAR - Petitioner(s) Versus COMMISSIONER OF POLICE & 2 - Respondent(s) ========================================================= Appearance : MS BANNA S DUTTA for Petitioner(s) : 1, RULE NOT RECD BACK for Respondent(s) : 1, MR APURVA DAVE GOVERNMENT PLEADER for Respondent(s) : 2, None for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 04/02/2008 ORAL JUDGMENT Leave to amend. 1.0 By way of this petition, the detenu has SCA/24778/2007 2/3 JUDGMENT challenged the order of detention dated 12.07.2007 passed by respondent No.1 under the provisions of sub-Section (2) of Section 3 of the Gujarat Prevention of Anti-social Activities Act, 1985 (hereinafter referred to as the 'PASA Act'). 2.0 Heard. This Court is, generally, taking up the matter of detention for final disposal according to actual date of detention. However, in the case on hand, since the detenu is suffering from serious disease, this matter is taken up for final hearing and disposal. 3.0 Mr. Dave, learned A.G.P. has produced a Medical Certificate of the detenu dated 02.02.2008 issued by Medical Officer, Central Jail, Ahmedabad which is ordered to be taken on record. In the said certificate it has been mentioned as under, “ Present condition of the patient needed complete rest & treatment & Antibiotics and also controlling of his diabities. Patient was given 4 units of packed cell(PCV)at Bhavnagar to combat Anameia, 4-5 days back before referred to Ahmedabad. The Immuno compromised status and the uncotrolled diabities is causing life threatening event in his body.” SCA/24778/2007 3/3 JUDGMENT 4.0 Hence, taking into consideration above said peculiar facts and circumstances of the case, the application deserves to be allowed. 5.0 In the result, this petition is allowed. The order of detention dated 12.07.2007 passed by respondent No.1 is hereby quashed and set aside. The detenu is, therefore, ordered to be set at liberty forthwith, if he is not required in connection with any other case by the Authority. Office is directed to send the WRIT at Central Jail, Ahmedabad since the detenu has been shifted to Ahmedabad. It is made clear that this may not be treated as precedent. Rule is made absolute. Direct service is permitted. 5.1 Since the main matter is disposed of, civil application shall not survive and it stands disposed of accordingly. Notice is discharged. (M.D. Shah,J.) Umesh/