Case Note & Summary
The petitioner, Smit @Sumit Satishbhai Darji, was preventively detained by an order dated 01/02/2026 passed by the Police Commissioner, Vadodara, under the Gujarat Prevention of Anti-social Activities Act, 1985, as an 'immoral traffic offender' as defined under Section 2(g) of the Act. The detenue challenged the legality and validity of the detention order through a petition filed by his friend. The learned advocate for the petitioner argued that there was no material available with the detention authority to indicate how public health, public order, or public tranquility was disturbed in any manner. It was further submitted that the impugned order was passed without application of mind and mechanically. 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 considered the antecedents and past activities of the detenue. The court, after hearing both sides, found that the order of detention was passed mechanically and without application of mind. The court noted that there was no material on record to show that the activities of the detenue had disturbed public order or public tranquility. Consequently, the court quashed and set aside the detention order and directed that the detenue be set at liberty forthwith if not required in any other case.
Headnote
A) Preventive Detention - Immoral Traffic Offender - Section 2(g) of Gujarat Prevention of Anti-social Activities Act, 1985 - Validity of Detention Order - The detenue was preventively detained as an immoral traffic offender. 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 and without application of mind. (Paras 1-6)
Issue of Consideration
Whether the preventive detention order passed against the detenue as an 'immoral traffic offender' under Section 2(g) of the Gujarat Prevention of Anti-social Activities Act, 1985 is valid when there is no material to show disturbance to public order or public tranquility.
Final Decision
The court quashed and set aside the detention order dated 01/02/2026 passed by the Police Commissioner, Vadodara. The detenue is ordered to be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- Immoral traffic offender
- Public order
- Lack of material
- Mechanical exercise of power
