Rajeshbhai Manubhai Tank vs State Of Gujarat on 21 September, 2020
7.4. He also relied upon the decision of this
Court in case of Chandubhai Laxmanbhai Topiya v.
State of Gujarat in Special Civil Application
no.21058 of 2019 rendered on 6th January 2020 and
submitted that the order of detention is passed
only on the basis of the subjective satisfaction
of the detaining authority and such subjective
satisfaction is to be arrived only on two points
i.e. veracity of facts imputed to the person to
be detained and on the prognostication of the
detaining authority that the person concerned is
likely to indulge again in the same kind of
notorious activities. He submitted that on
perusal of the detention order, neither of the
twin conditions are satisfied as there is no
valid basis for passing such order and secondly,
the apprehension on part of the detaining
authority that the petitioner would continue the
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C/SCA/9294/2020 ORDER
activity of alleged black marketing is also
without any basis, as there is no offence alleged
to have been committed by the petitioner in the
four months period from the date of alleged
incident, which had happened in March 2020 till
passing of detention order in July,2020. Mr.
Goswami further submitted that after the filing
of the FIR in March 2020, for the first time, the
notice for detention was issued on 2nd July 2020
and according to Mr. Goswami, such notice is not
required to be issued to a person under the
provisions of the Black Marketing Act and the
issuance of such notice itself is illegal and
therefore, consequential detention order which is
passed is also not in accordance with law. He
further submitted that there is a delay in
passing the detention order of about four months,
which would defeat the very purpose of the
detention order.