Case Note & Summary
The petitioner, Sukhlal S/o Mohanlal Kumavat, was preventively detained by an order dated 03/02/2026 passed by the Police Commissioner, Surat, under Section 2(ga) of the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a 'money lending offender'. The detenue challenged the legality and validity of the detention order through a petition filed by his friend. The petitioner argued that there was no material available with the detention authority to show that his 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 order was passed to prevent him from acting prejudicially to the maintenance of public order in Surat. The court, after considering the facts and submissions, found that the detention order was based solely on the registration of FIRs without any material indicating that the petitioner's activities had any bearing on public order. The court held that the order was passed mechanically and without application of mind, and therefore quashed and set aside the detention order. The court directed that the detenue be set at liberty forthwith if not required in any other case.
Headnote
A) Preventive Detention - Money Lending Offender - Section 2(ga) Gujarat Prevention of Anti-social Activities Act, 1985 - Lack of Material - The detention order was quashed as there was no material on record to indicate that the petitioner's activities as a money lender disturbed public health, public order, or public tranquility. The court held that mere registration of FIRs without evidence of impact on public order does not justify preventive detention. (Paras 4, 6-7) B) Preventive Detention - Mechanical Order - Application of Mind - The court found that the impugned order was passed mechanically and without application of mind, as the detaining authority failed to consider whether the alleged activities actually affected public order. (Paras 4, 7)
Issue of Consideration
Whether the preventive detention order dated 03/02/2026 passed by the Police Commissioner, Surat, detaining the petitioner as a 'money lending offender' under Section 2(ga) of the Gujarat Prevention of Anti-social Activities Act, 1985, is legal and valid when there is no material to show that the petitioner's activities disturbed public order or public tranquility.
Final Decision
The court allowed the petition, quashed and set aside the detention order dated 03/02/2026, and directed that the detenue be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- Public order
- Money lending offender
- Gujarat Prevention of Anti-social Activities Act
- 1985
- Section 2(ga)
- Lack of material
- Mechanical order
