IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 12584 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 -------------------------------------------------------------- MAHESHBHAI MOTIBHAI MALI Versus COMMISSIONER OF POLICE -------------------------------------------------------------- Appearance: MS DR KACHHAVAH for Petitioner MR SAMIR J DAVE for Respondents -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 27/02/2001 ORAL JUDGEMENT #. Challenge is made by the petitioner to the order dated 9-10-2000 of the Police Commissioner, Baroda city under which he was detained as a bootlegger. #. Learned counsel for the respondents does not dispute that the verification of the statements of the privileged witnesses have been made by the detaining authority on 8-10-2000 and this order has been passed on the very next date. #. From this undisputed factual position, I am satisfied that this matter is squarely covered by the decision of this Court in the case of Kalidas C. Kahar vs. State of Gujarat & Ors. reported in 1993 (2) GLR 1659. #. In the result, this petition succeeds and the same is allowed. The order of detention of the petitioner dated 9-10-2000 is quashed and set aside. The petitioner Maheshbhai Motibhai Mali, the detenu, at present in Bhavnagar District Jail, Bhavnagar be set at liberty forthwith, if he is not required in any other case. Rule is made absolute. No order as to costs. *********** zgs/-