Case Note & Summary
The petitioner, Darshan @ D.L.Valjibhai Makwana, was preventively detained by an order dated 08.01.2026 passed by the Police Commissioner, Ahmedabad City, classifying him as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985. The detenue challenged the legality and validity of the detention order through his brother Nareshbhai Valabhai Makwana by filing a Special Criminal Application before the Gujarat High Court. The petitioner's advocate argued that there was no material before the detaining authority to show how the detenue's activities disturbed public health, public order, or public tranquility. It was further contended that the order was passed mechanically and without application of mind. The learned APP opposed the petition, submitting that the detenue was a habitual offender whose activities affected society at large, and the authority had passed the order considering his antecedents and past activities to prevent him from acting prejudicially to public order. The court, after hearing both sides, found that the detention order was based solely on the registration of FIRs and there was no material to indicate any disturbance to 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 detenue was ordered to be set at liberty forthwith unless his detention was 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' based on registration of FIRs. The court held that in the absence of any material indicating disturbance to public order or public tranquility, the detention order was passed mechanically and without application of mind. The order was quashed and set aside. (Paras 1-6)
Issue of Consideration
Whether the preventive detention order classifying the detenue as a 'dangerous person' under the Gujarat Prevention of Anti-social Activities Act, 1985 was valid when there was no material to show that his activities disturbed public order or public tranquility.
Final Decision
The court quashed and set aside the detention order dated 08.01.2026 passed by the Police Commissioner, Ahmedabad City. The detenue was ordered to be set at liberty forthwith unless his detention was required in any other case.
Law Points
- Preventive detention
- Dangerous person
- Public order
- Lack of material
- Mechanical exercise of power
Case Details
2026 LawText (GUJ) (03) 966
R/SPECIAL CRIMINAL APPLICATION NO. 2082 of 2026
N.S.Sanjay Gowda, D. M. Vyas
Mr. Kavan K Patel for the applicant, Ms. Monali H Bhatt, APP for the respondent
Darshan @ D.L.Valjibhai Makwana through Nareshbhai Valabhai Makwana
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Nature of Litigation
Challenge to preventive detention order
Remedy Sought
Quashing of detention order and release of detenue
Filing Reason
Detenue was preventively detained as a 'dangerous person' without material showing disturbance to public order
Previous Decisions
Detention order dated 08.01.2026 passed by Police Commissioner, Ahmedabad City
Issues
Whether the detention order classifying the detenue as a 'dangerous person' under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 was valid in the absence of material showing disturbance to public order or public tranquility.
Submissions/Arguments
Petitioner argued that there was no material to indicate disturbance to public health, public order, or public tranquility, and the order was passed mechanically without application of mind.
Respondent argued that the detenue was a habitual offender whose activities affected society at large, and the order was passed to prevent him from acting prejudicially to public order.
Ratio Decidendi
A preventive detention order classifying a person as a 'dangerous person' under the Gujarat Prevention of Anti-social Activities Act, 1985 cannot be sustained if there is no material to show that the person's activities disturbed public order or public tranquility. The mere registration of FIRs does not justify preventive detention, and an order passed mechanically without application of mind is liable to be quashed.
Judgment Excerpts
Learned advocate for the petitioner vehemently argued that there was no material available with the detention authority to indicate as to how the public health or public order or public tranquility was disturbed in any manner.
Thus, in absence of any such material on record, the order of detention ought not have been passed.
the impugned order is passed without application of mind and prima facie the order is passed mechanically.
Procedural History
The detenue was preventively detained vide order dated 08.01.2026 by the Police Commissioner, Ahmedabad City. The detenue challenged the order through his brother by filing Special Criminal Application No. 2082 of 2026 before the Gujarat High Court. The court heard both sides and delivered judgment on 02.03.2026.
Acts & Sections
- Gujarat Prevention of Anti-social Activities Act, 1985: 2(c)
