Case Note & Summary
The petitioner, Bhimsing @ Jitu Fatesing Ravat, challenged his preventive detention order dated 07.02.2026 passed by the Police Commissioner, Vadodara City, under the Gujarat Prevention of Anti-social Activities Act, 1985, branding him as a 'bootlegger'. The detenue, through his brother, filed a Special Criminal Application before the Gujarat High Court. The court heard the learned counsel for the petitioner and the learned APP for the State. The petitioner argued that there was no material on record to indicate how public health, public order, or public tranquility was disturbed, and that the order was passed mechanically without application of mind. The detenue was lodged in Central Jail, Rajkot. The State opposed, contending that the detenue was a habitual offender and his activities affected society at large. The court, after considering the submissions, found that the detention order was based solely on the registration of FIRs and lacked material to show any disturbance to public order. The court held that the subjective satisfaction of the detaining authority was not supported by any credible material, and the order was passed mechanically. Consequently, 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 detenue was preventively detained as a bootlegger based on registration of FIRs. The court held that mere registration of FIRs does not constitute material to show that public order was disturbed. The detention order was passed mechanically without application of mind and was quashed. (Paras 1-6)
Issue of Consideration
Whether the detention order passed against the detenue as a 'bootlegger' under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material showing disturbance to public order.
Final Decision
The petition is allowed. The impugned detention order dated 07.02.2026 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
- lack of material
- mechanical exercise of power
