Case Note & Summary
The petitioner, Bhimsing @ Jitu Fatesing Ravat, through his brother Khumansingh Fatesing Ravat, challenged the legality and validity of a preventive detention order dated 07.02.2026 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 was detained in Central Jail, Rajkot. The petitioner's counsel argued that there was no material before the detaining authority to show that 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 opposed the petition, contending that the detenue was a habitual offender whose activities affected society at large, and that the authority had passed the order considering his antecedents to prevent him from acting prejudicially to public order. The court, after hearing both sides, found that the detaining authority had not placed any material to indicate how the detenue's activities disturbed public order or public tranquility. The court observed that the order was passed without application of mind and mechanically. Consequently, the court allowed the petition, quashed the detention order, and directed the detenue's release 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. 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 mechanically without application of mind. (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 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 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
- material on record
- Gujarat Prevention of Anti-social Activities Act
- 1985
