Case Note & Summary
The petitioner, Narendra Kumar @ Jaiwant Bhimrao Tarnekar, was preventively detained by the District Magistrate, Kheda-Nadiad, vide order dated 23.06.2025, as a 'bootlegger' under Section 2(b) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue challenged the legality and validity of the detention order through his mother by way of a Special Criminal Application before the Gujarat High Court. The court heard learned counsel for the petitioner and learned APP for the respondent-State. The petitioner's counsel argued that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed, and that the order was passed without application of mind and mechanically. It was also submitted that the detenue was detained in District Jail, Bhavnagar. The learned APP opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large. The court, after considering the submissions, found that the detention order was based on mere registration of FIRs and there was no material to show that the detenue's activities disturbed public order. The court held that the order was passed mechanically and without application of mind, and therefore, quashed and set aside the detention order. The detenue was ordered to be set at liberty forthwith if not required in any other case.
Headnote
A) Preventive Detention - Bootlegger - Section 2(b) Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was preventively detained as a bootlegger. The court held that there was no material available with the detention authority to indicate how public health or public order or public tranquility was disturbed. In absence of such material, the order of detention could not be sustained. (Paras 4, 6) B) Preventive Detention - Mechanical Order - Application of Mind - The court observed that the impugned order was passed without application of mind and prima facie mechanically. The mere registration of FIRs does not justify preventive detention without evidence of impact on public order. (Paras 4, 6)
Issue of Consideration
Whether the preventive detention order passed against the detenue as a 'bootlegger' under Section 2(b) of the Gujarat Prevention of Anti-social Activities Act, 1985 is valid when there is no material to show that his activities disturbed public health, public order, or public tranquility.
Final Decision
The court allowed the petition, quashed and set aside the detention order dated 23.06.2025, and directed that the detenue be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- Bootlegger
- Public order
- Gujarat Prevention of Anti-social Activities Act
- 1985
- Section 2(b)
- Lack of material
- Mechanical order
