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Challenge to the legality and validity of the detention order under the Gujarat Prevention of Anti-social Activities Act of 1985 based on reliance on previous detention order and non-application of mind by the detaining authority. Analysis: The petitioner challenged the detention order against the detenu, arguing that the detaining authority considered grounds from a previous detention order, which had been quashed by the High Court. The petitioner relied on the decision in Chhagan Bhagwan Kahar's case to support this contention. Additionally, it was argued that the detaining authority did not apply its mind properly, as per the decision in Dharamdas Shamlal Agarwal's case. The detaining authority relied on four criminal cases and witness statements to justify the detention, alleging the detenu's involvement in anti-social activities. The petitioner contended that the detaining authority's reliance on materials from the quashed previous detention order rendered the current detention order invalid. Despite the petitioner's submission and service of rejoinder, the respondents did not counter or explain the allegations. Upon review, the court found that the detaining authority indeed considered materials from the previous detention order, contradicting the respondents' argument that these were only mentioned to show the detenu's antecedents. Consequently, the court applied the ratio from Chhagan Bhagwan Kahar's case and quashed the detention order. Regarding the second contention, the petitioner highlighted the non-disclosure of the detenu's acquittal in one of the criminal cases, which occurred before the current detention order. The court agreed that this vital fact, if presented to the detaining authority, could have impacted the decision-making process, as per the precedent in Dharamdas Shamlal Agarwal's case. Consequently, the court ruled to set aside the detention order based on both grounds, allowing the writ petition and directing the detenu's immediate release.
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