Case Note & Summary
The petitioner, Vikrambhai Mafabhai Bijalbhai Ode, was preventively detained by an order dated 02.02.2026 passed by the Police Commissioner, Ahmedabad 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 by way of a Special Criminal Application before the Gujarat High Court. The petitioner's counsel argued that there was no material available with the detaining authority to indicate how public health, public order, or public tranquility was disturbed in any manner, and that the order was passed without application of mind and mechanically. It was also submitted that the detenue was currently detained in Lajpor Jail, Surat. The learned APP opposed the petition, contending that the detenue was a habitual offender and his activities affected society at large, and that the detaining authority had passed the order considering his antecedents and past activities to prevent him from continuing such activities. The court, after hearing both sides, found that the order of detention was passed without application of mind and that there was no material on record to show that the activities of the detenue had disturbed public order or public tranquility. The court noted that the detaining authority had relied on the fact that the detenue was a bootlegger, but there was no evidence to suggest that his activities had any bearing on public order. Consequently, the court quashed and set aside 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. The court held that in the absence of any material on record to indicate how public health, public order, or public tranquility was disturbed, the detention order could not be sustained. The order was passed without application of mind and mechanically. (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 is legal and valid when there is no material to show disturbance to public health, public order, or public tranquility.
Final Decision
The court allowed the petition, quashed and set aside the detention order dated 02.02.2026, and directed that the detenue be set at liberty forthwith.
Law Points
- Preventive detention
- Bootlegger
- Public order
- Material on record
- Application of mind
