Case Note & Summary
The petitioner, Paresh @ Pariyoprabhatbhai Solanki, was preventively detained by an order dated 24.01.2026 passed by the Police Commissioner, Vadodara City, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a 'bootlegger' under Section 2(b) of the Act. The detenue challenged the legality and validity of the detention order through his brother by way of a Special Criminal Application before the Gujarat High Court. The court heard learned counsel for the petitioner, Mr. Irafan H. Saiyed, and learned APP Ms. Monali H. Bhatt for the respondent-State. The petitioner's counsel argued that there was no material available with the detention authority to indicate how 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 contended that the detenue was a habitual offender and his activities affected society. The court, after considering the submissions, found that the detention order was based solely on the registration of FIRs under the Prohibition Act, without any material showing a threat to public order. The court held that the subjective satisfaction of the detaining authority was not supported by any evidence of disturbance to public order, and therefore the order was invalid. The court allowed the petition, quashed the detention order, and directed the release of the detenue forthwith.
Headnote
A) Preventive Detention - Bootlegger - Public Order - Section 2(b) Gujarat Prevention of Anti-social Activities Act, 1985 - The detention order was quashed as there was no material on record to indicate that the alleged activities of the detenue disturbed public health, public order, or public tranquility. The court held that mere registration of FIRs under the Prohibition Act does not justify preventive detention unless there is a threat to public order. (Paras 4-6) B) Preventive Detention - Application of Mind - Mechanical Order - The court found that the impugned order was passed without application of mind and mechanically, as the detaining authority failed to consider whether the detenue's activities actually affected public order. (Paras 4-6)
Issue of Consideration
Whether the detention order passed against the detenue as a 'bootlegger' under the Gujarat Prevention of Anti-social Activities Act, 1985 is valid when there is no material to show that his activities disturbed public order or public tranquility.
Final Decision
The petition is allowed. The impugned detention order dated 24.01.2026 passed by the Police Commissioner, Vadodara City is quashed and set aside. The detenue is ordered to be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- bootlegger
- public order
- subjective satisfaction
- application of mind
- Gujarat Prevention of Anti-social Activities Act
- 1985
