Case Note & Summary
The petitioner, Divyang @ Nanu Virbahadur Rana, was preventively detained by an order dated 28.01.2026 passed by the Commissioner of Police, Vadodara City, under the Gujarat Prevention of Anti-social Activities Act, 1985, classifying him as a dangerous person under Section 2(c) of the Act. The detenue, through his wife Mittalben Divyang @ Nanu Rana, challenged the legality and validity of the detention order by way of a special criminal application. The petitioner's advocate argued that there was no material before the detention authority to indicate how public health, public order, or public tranquility was disturbed, and that the order was passed mechanically without application of mind. The learned Additional Public Prosecutor opposed the petition, contending that the detenue was a habitual offender. The court, after hearing both sides, found that the detention order was based solely on the fact that the detenue was a habitual offender, but there was no material to show that his activities had disturbed public order or public tranquility. 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 - Dangerous Person - Section 2(c) of Gujarat Prevention of Anti-social Activities Act, 1985 - Validity of Detention Order - The detenue was preventively detained as a dangerous person under Section 2(c) of the Act. The court held that in the absence of any material indicating disturbance to public health, public order, or public tranquility, 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 under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show disturbance to public order or public tranquility.
Final Decision
The court quashed and set aside the detention order dated 28.01.2026 and directed that the detenue be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- Dangerous person
- Public order
- Application of mind
- Mechanical order
