Case Note & Summary
The petitioner, Dharmeshsingh @ Titu Bharatsingh Gosai (Rajput), through his brother Yashvantsinh Bharatsinh Gosai (Rajput), challenged a preventive detention order dated 10/12/2025 passed by the Police Commissioner, Ahmedabad, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a bootlegger under Section 2(b) of the Act. The detenue was detained in Vadodara Jail. The petitioner argued that there was no material before the detaining authority to show that the detenue's activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The learned APP opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large, and that the order was passed to prevent him from acting prejudicially to public order. The court, after hearing both sides, found that the detention order was based solely on the registration of FIRs for offences under the Gujarat Prohibition Act, without any material to indicate that the detenue's activities had any bearing on public order. The court held that the subjective satisfaction of the detaining authority was not supported by any material showing a disturbance to public order, and therefore the order was illegal and liable to be quashed. The petition was allowed, and the detention order was set aside. The detenue was ordered to be released forthwith unless required in any other case.
Headnote
A) Preventive Detention - Bootlegger - Section 2(b) of Gujarat Prevention of Anti-social Activities Act, 1985 - Requirement of Public Order - The detention order was challenged on the ground that there was no material to indicate disturbance to public health, public order, or public tranquility. The court held that mere registration of FIRs for offences under the Gujarat Prohibition Act does not by itself justify preventive detention unless there is material to show that the activities of the detenue adversely affect or are likely to affect public order. The order was quashed as it was passed without application of mind and mechanically. (Paras 4-6)
Issue of Consideration
Whether the preventive detention order passed against the detenue as a bootlegger under the Gujarat Prevention of Anti-social Activities Act, 1985 is legal and valid when there is no material to show that his activities disturbed public order or public tranquility.
Final Decision
The petition is allowed. The detention order dated 10/12/2025 passed by the Police Commissioner, Ahmedabad, is quashed and set aside. The detenue is ordered to be released forthwith unless required in any other case.
Law Points
- Preventive detention
- bootlegger
- public order
- subjective satisfaction
- application of mind
