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1 - 10 of 13 (0.32 seconds)Article 226 in Constitution of India [Constitution]
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 7 in The Essential commodities act 1955 [Entire Act]
Section 114 in The Indian Penal Code, 1860 [Entire Act]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
Section 409 in The Indian Penal Code, 1860 [Entire Act]
Mahendrasinh Mangalsinh Jadeja vs State Of Gujarat & on 15 October, 2013
14. With regard to the reliance placed on the
decision by the learned advocate for the
petitioners in case of Mahendrasinh Mangalsinh
Jadeja (supra) and Chandubhai Laxmanbhai Topiya
(supra) would also not come to help the
petitioners because now, the matter is considered
on merits as the detention order is passed and
produced on record for perusal whereas in both
the cases, the Court did not examine the
detention order on merits. In such
circumstances, the decisions of this Court relied
upon by the learned advocate on are also not
applicable to the facts of the case.
Deepak Bajaj vs State Of Maharashtra & Anr on 12 November, 2008
12. On perusal of the impugned detention order,
as it is produced by the respondent on record,
the same is required to be considered on merits
in view of the decision of the Apex Court in case
of Dipak Bajaj (supra). On perusal of such
order, it appears that there is sufficient
material on record for the detaining authority to
come to subjective satisfaction that the
petitioners are likely to commit activity of
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black marketing and so in order to prevent the
petitioners from committing such activity, the
detention order is required to be passed. It is
recorded by the detaining authority in detail the
modes operandi of the petitioners to siphon off
the goods meant for fair price shops so as to
sale at higher prices in the open market. It was
found during the course of investigation that the
petitioners were indulging in illegal activities
of shifting the goods from the bags of the
Government, containing the marking of the
Government, to the other bags for selling the
goods to the flour mills. The detaining
authority has also referred to the video
recording of such activity of the petitioners.
Thus, there is subjective satisfaction arrived at
by the detaining authority for passing the
impugned order and therefore, no interference is
required to be made while exercising the
extraordinary jurisdiction under Article 226 of
the Constitution of India.
Hardik Bharatbhai Patel Thro. His Fater ... vs State Of Gujarat & on 18 December, 2015
16. Learned AGP Mr. Joshi also relied upon the
decision of Division Bench of this Court in case
of Mukeshbhai Versibhai Desai through his brother
Bharatbhai Versibhai Desai v. State of Gujarat in
Letters Patent Appeal no.108 of 2020. However,
the said decision is passed at the pre-detention
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stage when there was no detention order placed on
record and as these matters are decided on merits
of the detention order, the same is not referred
to in detail.