Gujarat High Court Quashes Preventive Detention Order for Immoral Traffic Offender Due to Lack of Material on Public Order Disturbance. Detention under Section 2(g) of Gujarat Prevention of Anti-social Activities Act, 1985 set aside as order was passed mechanically without application of mind.

High Court: Gujarat High Court In Favour of Accused

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2026-05-19 01:28:53

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Case Note & Summary

The petitioner, Rajesh Mani Sheikh, through his brother Rupsar Ali Mohid SK, challenged the legality and validity of a preventive detention order dated 09.12.2025 passed by the Commissioner of Police, Shahibag, Ahmedabad City, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as an immoral traffic offender under Section 2(g) of the Act. The detenue was detained in Lajpore Central Jail, Surat. The petitioner's advocate 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 mechanically without application of mind. The learned Additional Public Prosecutor opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large. The court, after hearing both sides, found that the detention order was passed without any material to show disturbance to public order and was mechanical. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release.

Headnote

A) Preventive Detention - Immoral Traffic Offender - Section 2(g) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was preventively detained as an immoral traffic offender. The court held that there was no material to indicate how public health, public order, or public tranquility was disturbed. The detention order was passed mechanically without application of mind and was quashed. (Paras 1-6)

Issue of Consideration

Whether the preventive detention order passed against the detenue as an immoral traffic offender under Section 2(g) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material showing disturbance to public order.

Final Decision

The petition is allowed. The detention order dated 09.12.2025 passed by the Commissioner of Police, Shahibag, Ahmedabad City is quashed. The detenue is ordered to be set at liberty forthwith if not required in any other case.

Law Points

Preventive detention
Immoral traffic offender
Public order
Gujarat Prevention of Anti-social Activities Act
1985
Section 2(g)
Lack of material
Mechanical order

Case Details

2026:GUJHC:2511-DB

R/SPECIAL CRIMINAL APPLICATION NO. 17109 of 2025

2026-01-13

N.S.SANJAY GOWDA, D. M. VYAS

2026:GUJHC:2511-DB

CHINTAN M ADESHARA, MANTHAN J BAROT, PRANAV DHAGAT

Rajesh Mani Sheikh (through brother Rupsar Ali Mohid SK)

State of Gujarat & Ors.

Nature of Litigation

Challenge to preventive detention order

Remedy Sought

Quashing of detention order and release of detenue

Filing Reason

Detenue was preventively detained as immoral traffic offender without material showing disturbance to public order

Issues

Whether the detention order was valid without material showing disturbance to public order Whether the order was passed mechanically without application of mind

Submissions/Arguments

Petitioner argued no material to show disturbance to public health, order, or tranquility; order passed mechanically Respondent argued detenue is habitual offender affecting society at large

Ratio Decidendi

A preventive detention order under the Gujarat Prevention of Anti-social Activities Act, 1985 must be based on material showing disturbance to public order. In the absence of such material, the order is mechanical and liable to be quashed.

Judgment Excerpts

there was no material available with the detention authority to indicate as to how the public health or public order or public tranquility was disturbed in any manner. the impugned order is passed without application of mind and prima facie the order is passed mechanically.

Procedural History

The detenue was preventively detained vide order dated 09.12.2025 by the Commissioner of Police, Shahibag, Ahmedabad City. The detenue challenged the order by filing Special Criminal Application No. 17109 of 2025 before the High Court of Gujarat. The court heard the matter and delivered judgment on 13.01.2026.