It appears that at the time of initial/admission hearing, learned counsel for the petitioner relied on the judgment in the case of Baldevbhai Ambalal Patni v. State of Gujarat and Ors. [(1996) G.L.H. 1082]. However, it appears that while relying on the said judgment at the time of admission hearing of the petition, learned counsel could not take into consideration the amendment in the Act in view of which the relevant provision i.e. Section 8 has been amended. Consequently, the judgment would not be of any assistance to the petitioner.
Learned counsel for the petitioner has, after the aforesaid amended provision was brought to his notice, requested for time to examine the matter.
Time as prayed for is granted. S.O. to 27th June 2012.
(K.M.THAKER, J.) jani Top