1. Case Overview (Paras 1–3):

• Appeal against the High Court's dismissal of a writ petition challenging detention under MPDA Act.

2. Detention Order Background (Paras 4–5):

• Detention under Section 3(2) of MPDA Act for 12 months based on six illicit liquor cases.
• Grounds of detention communicated on 5th March 2024 and confirmed by the State on 8th May 2024.

3. Grounds of Challenge (Paras 6–7):

• Allegation of delay between proposal and detention order (2.5 months).
• Claims of mechanical and baseless detention order with no public order impact.

4. Cases and Evidence Relied Upon (Paras 8–10):

• Six cases of illicit liquor manufacturing spanning January–October 2023.
• No arrests made during the investigations.
• Statements of two unnamed witnesses alleging personal threats by the appellant.

5. Distinction Between Public Order and Law and Order (Paras 12–14):

• Citing Ram Manohar Lohia and subsequent judgments, SC explains that "public order" disturbances must affect society's fabric, unlike individual disputes or crimes.

6. Lack of Nexus with Public Order (Paras 15–18):

• Six liquor cases lack evidence of public disruption or societal panic.
• Witness statements are vague, stereotype, and insufficient to substantiate public order disruption.

7. SC Ruling (Paras 19–21):

• Detention order quashed for failing to meet public order disturbance criteria.
• Directions to release the appellant unless detained in other cases.

Ratio Decidendi:
Preventive detention is a drastic measure and must be substantiated by credible evidence showing that the detainee's actions disturb the "public order" rather than merely breaching "law and order." Vague, stereotype allegations and lack of concrete impact on public tranquility render such detention orders unsustainable.

Subjects:

Preventive detention under MPDA Act and its distinction between public order and law and order.

• Preventive Detention
• Public Order vs. Law and Order
• MPDA Act
• Fundamental Rights

Acts and Sections Discussed:

• Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act): Sections 3(2), 65(d), 65(e), and 65(f) of the Maharashtra Prohibition Act.
• Constitutional Principles: Differentiation between public order and law and order, as discussed in Ram Manohar Lohia v. State of Bihar and Ameena Begum v. State of Telangana.