Search Results Page

Search Results

1 - 3 of 3 (0.22 seconds)

Dilipbhai Devsibhai Vagri vs State Of Gujarat And Ors. on 12 November, 1998

The substance of the grounds of detention in Gopal Nepali's case (1996 (3) Guj LR 823) (supra) were firstly that the detenu was a bootlegger. The second was that he gave threats to the witnesses. The third which was more alarming was that he tried to run over the police party with his vehicle on signal being given by the police party to stop and gave threats to the public that, he will kill anyone who would come in his way. Further he continued to drive his vehicle with reckless speed and dashed against pedestrians causing injuries to them. These were certainly activities prejudicial to the maintenance of public order. If a person who tries to run over police party with his speeding vehicle it can safely be said that he has no respect for law and order as well as for public order and panic is likely to be created in the mind of the public that if the police party is not safe how the safety of public can be ensured.
Gujarat High Court Cites 5 - Cited by 1 - D C Srivastava - Full Document

Kalubhai Alabhai Vankar vs State Of Gujarat on 16 December, 1998

12. The second case relied upon by the learned A.G.P. has been of Gopal Gangaram Nepali vs. Commissioner of Police, 1996 (3) GLR 823. Learned counsel for the petitioner contended that this verdict has been overruled by me in another case which is factually incorrect. I have not overruled this verdict, rather I have distinguished this ruling on fact. In this case this court observed that for determining whether the activities of detenu affect public order or are in the nature and in the realm of law and order, length and breadth of the activity, purpose and effect of the activity and the effect on people are to be considered. It was further held that if detenu is engaged in an activity of dealing in liquor and is found to be involved in acts of terrorising the public in the locality, beat unknown persons on assumption that such person was police informant, and threaten the people that they would meet the same fate if any one informed the police, such activities are prejudicial to maintenance of public order. Detention of the detenu on these facts was justified in this case.
Gujarat High Court Cites 5 - Cited by 0 - D C Srivastava - Full Document
1