Case Note & Summary
The petitioner, Dhanraj Savairam Raj, through his brother Mohanlal Savairam Raj, filed a petition under Articles 226 and 227 of the Constitution of India challenging a detention order dated 17.02.2026 passed by the Police Commissioner, Vadodara City, classifying him as a 'bootlegger' under Section 2(b) of the Gujarat Prevention of Anti-social Activities Act, 1985. The petitioner was detained in Rajkot Central Jail. The petitioner's counsel argued that there was no material before the detaining authority to indicate how the petitioner's activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The learned APP opposed the petition, contending that the petitioner was a habitual offender whose activities affected society at large, and that the detention was necessary to prevent him from acting prejudicially to public order. The court, after hearing both sides, found that the detention order was based solely on the petitioner's antecedents and past activities, without any material showing a disturbance to public order. The court held that the subjective satisfaction of the detaining authority must be supported by material on record, and in its absence, the order cannot be sustained. Consequently, the court allowed the petition, quashed the detention order, and directed the petitioner's release.
Headnote
A) Preventive Detention - Bootlegger - Public Order - Gujarat Prevention of Anti-social Activities Act, 1985, Section 2(b) - The court examined whether the detention order passed against the petitioner as a 'bootlegger' was sustainable when the detaining authority failed to provide any material indicating that the petitioner's activities disturbed public health, public order, or public tranquility. Held that in the absence of such material, the order of detention cannot be sustained and is liable to be quashed (Paras 2-7).
Issue of Consideration
Whether the detention order classifying the petitioner as a 'bootlegger' under the Gujarat Prevention of Anti-social Activities Act, 1985, was valid when there was no material to show disturbance to public health, public order, or public tranquility.
Final Decision
The petition is allowed. The detention order dated 17.02.2026 passed by the Police Commissioner, Vadodara City, is quashed and set aside. The petitioner is ordered to be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- bootlegger
- public order
- subjective satisfaction
- material on record
- Gujarat Prevention of Anti-social Activities Act
- 1985
