Case Note & Summary
The petitioner, Sagar@Vagh@Lalo S/o Ishwardas Lashkari, through his brother Sadhu Nareshwar Trikamdas, challenged the preventive detention order dated 13/01/2026 passed by the District Magistrate, Kachchh, Bhuj, 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 Lajpor Central Jail, Surat. The petitioner 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 APP opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large, and that the authority had considered his antecedents and past activities. The court, after hearing both sides, found that the impugned order was passed without application of mind and mechanically. The court noted that the order did not specify any material showing disturbance to public order. Consequently, the court quashed and set aside the detention order and directed the detenue's release forthwith.
Headnote
A) Preventive Detention - Bootlegger - Section 2(b) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detention order was quashed as there was no material to indicate how public health, public order, or public tranquility was disturbed. The court held that mere registration of FIRs does not justify preventive detention without evidence of disturbance to public order. (Paras 1-6)
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 was legal and valid in the absence of material showing disturbance to public health, public order, or public tranquility.
Final Decision
The court quashed and set aside the impugned detention order dated 13/01/2026 and directed the detenue to be released forthwith.
Law Points
- Preventive detention
- Bootlegger
- Public order
- Application of mind
- Mechanical order
- Gujarat Prevention of Anti-social Activities Act
- 1985
