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LPA/315/2000 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 315 of 2000
In
SPECIAL
CIVIL APPLICATION No. 10284 of 1999
=========================================================
SECRETARY
& 1 - Appellant(s)
Versus
JINENDRAKUMAR
SETULAL JAIN & 2 - Respondent(s)
=========================================================
Appearance
:
MS
MAITHILI METHA, AGP for Appellant(s) : 1 - 2.
MR RJ OZA for
Respondent(s) : 1,
MR BHASKAR P. TANNA, SR. ADVOCATE with
BHAVDUTTA H. BHATT, for Respondent(s) : 2.
SERVED BY RPAD - (R)
for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
and
HONOURABLE
MS.JUSTICE HARSHA DEVANI
Date
: 29/10/2010
ORAL ORDER
(Per : HONOURABLE
MR.JUSTICE K.A.PUJ)
Heard Ms. Maithili Mehta,
learned Asstt. Government Pleader, appearing for the appellant,
Mr.R.J.Oza, learned advocate appearing for respondent No.1 and
Mr.B.P.Tanna, learned Senior Counsel appearing on behalf of
respondent No.2.
The present Letters
Patent Appeal is filed by the appellants against the order and
judgment passed by the learned Single Judge of this Court quashing
and setting aside the detention order dated 24.11.1999. The Court
held that the impugned order suffers from the vice of
non-application of mind and that the issue of the detention order
has been withheld for considerable period. The Court further took
the view that the detention order was for six months and it was
passed on 24.11.1999. The petitioner was detained on 17.12.1999. The
petitioner remained on parole from 27.12.1999 to 10.1.2000. He has
suffered detention for 66 days. The Court, therefore, took the view
that the petitioner should be released forthwith, if not required to
be detained under any other order of detention for any other
criminal case.
Since the present appeal
challenging the impugned order has become infructuous by efflux of
time, we do not think it fit and proper to disturb the order passed
by the learned Single Judge. This Letters Patent Appeal is
accordingly dismissed as having become infructuous.
(K. A. PUJ, J.) (HARSHA DEVANI, J.)
kks
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