Case Note & Summary
The petitioner, Rajubhai Aalabhai Kodiyatar, filed a Special Criminal Application before the Gujarat High Court apprehending detention under the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA Act) based on FIRs for offences under the Prohibition Act and the Bharatiya Nyaya Sanhita (BNS). The State placed on record the detention order dated 14.10.2025 passed by the Collector and District Magistrate, Morbi. The petitioner argued that there was no material to indicate how public health, public order, or public tranquility was disturbed, and the order was passed mechanically without application of mind. The State contended that the petitioner was a habitual offender whose activities affected society at large. The court, after hearing both sides, found that the detention order was based solely on the registration of FIRs under the Prohibition Act and BNS, with no material showing a disturbance to public order or public tranquility. The court held that the detaining authority had not applied its mind and that the order was unsustainable. Consequently, the court allowed the petition, quashed the detention order, and directed the petitioner's release if not required in any other case.
Headnote
A) Preventive Detention - PASA Act - Public Order vs. Law and Order - The detention order under the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA) was quashed as there was no material to show that the petitioner's activities disturbed public order or public tranquility; mere involvement in prohibition offences does not justify preventive detention (Paras 6-8).
Issue of Consideration
Whether the detention order under the PASA Act was validly passed when the material on record only showed offences under the Prohibition Act and BNS, without any indication of disturbance to public order or public tranquility.
Final Decision
The petition is allowed. The impugned detention order J/MG/PASA-case No.62/2025 dated 14.10.2025 passed by the Collector & District Magistrate, Morbi is quashed and set aside. The petitioner is ordered to be set at liberty forthwith if not required in any other case. Rule is made absolute.
Law Points
- Preventive detention under PASA Act requires material showing disturbance to public order
- not merely law and order
- mere registration of FIRs under Prohibition Act does not justify detention
- detention order must be based on subjective satisfaction with application of mind.
Case Details
R/SPECIAL CRIMINAL APPLICATION NO. 16757 of 2025
N.S.Sanjay Gowda, D. M. Vyas
MR AKBAR S SELOT, MR KISHAN K NAYI, MR. CHINTAN DAVE
Rajubhai Aalabhai Kodiyatar
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Nature of Litigation
Special Criminal Application challenging a preventive detention order under the PASA Act.
Remedy Sought
Quashing of the detention order and release of the petitioner.
Filing Reason
Petitioner apprehended detention under PASA Act based on FIRs for prohibition and BNS offences.
Previous Decisions
Detention order J/MG/PASA-case No.62/2025 dated 14.10.2025 passed by Collector & District Magistrate, Morbi.
Issues
Whether the detention order under PASA Act was valid when there was no material showing disturbance to public order or public tranquility.
Whether the detention order was passed mechanically without application of mind.
Submissions/Arguments
Petitioner argued that there was no material to indicate disturbance to public health, public order, or public tranquility; the order was passed mechanically without application of mind.
State argued that the petitioner is a habitual offender and his activities affected society at large.
Ratio Decidendi
A preventive detention order under the PASA Act cannot be based solely on the registration of FIRs under the Prohibition Act and BNS; there must be material to show that the alleged activities disturb public order or public tranquility, not merely law and order. The detaining authority must apply its mind and the order must be based on subjective satisfaction supported by relevant material.
Judgment Excerpts
Learned advocate for the petitioner vehemently argued that 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.
Thus, in absence of any such material on record, the order of detention ought not have been passed.
The impugned order is passed without application of mind and prima facie the order is passed mechanically.
Procedural History
The petitioner filed Special Criminal Application No. 16757 of 2025 before the Gujarat High Court apprehending detention under PASA Act. The State was directed to produce the detention order, which was placed on record. After hearing both sides, the court allowed the petition on 16.01.2026.
Acts & Sections
- Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA):
- Prohibition Act: 65(a), 65(e), 116-B, 81, 83, 98(2), 81
- Bharatiya Nyaya Sanhita (BNS): 111(2)(b), 111(3), 111(4), 336(2), 336(3)
