Case Note & Summary
The petitioner, Nasimbanu @Aapa Gulhasan Mohamdsral Kureshi, was preventively detained by an order dated 21.01.2026 passed by the Police Commissioner, Ahmedabad City, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying her as a bootlegger under Section 2(b) of the Act. She challenged the legality and validity of the detention order through a Special Criminal Application filed by her relative. The High Court heard the learned counsel for the petitioner and the learned APP 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 without application of mind and mechanically. It was also submitted that the detenue was currently detained in Bhuj Jail. The learned APP opposed the petition, contending that the detenue was a habitual offender and her activities affected society. The court examined the grounds of detention and found that the only material relied upon was the registration of two FIRs against the detenue under the Gujarat Prohibition Act. The court noted that the detaining authority had not recorded any satisfaction that the detenue's activities were likely to adversely affect public order or public tranquility. The court held that the order of detention was not sustainable as there was no material to show that the detenue's activities had disturbed or were likely to disturb public order. The court quashed the detention order and directed that the detenue be set at liberty forthwith.
Headnote
A) Preventive Detention - Bootlegger - Section 2(b) of Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detenue was preventively detained as a bootlegger, but there was no material on record to indicate how her activities disturbed public health, public order, or public tranquility. The court held that in the absence of such material, the detention order could not be sustained and was liable to be quashed. (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 valid when there was no material to show that her activities disturbed public order or public tranquility.
Final Decision
The court quashed the detention order dated 21.01.2026 and directed that the detenue be set at liberty forthwith.
Law Points
- Preventive detention
- bootlegger
- Gujarat Prevention of Anti-social Activities Act 1985
- Section 2(b)
- public order
- subjective satisfaction
- lack of material
