Case Note & Summary
The petitioner, Narsinghram Besaraji Devasi, through his brother Rameshkumar Besaraji Devasi, filed a Special Criminal Application under Articles 226 and 227 of the Constitution of India before the Gujarat High Court challenging the legality and validity of a detention order dated 07.02.2026 passed by the Police Commissioner, Ahmedabad City. The order was passed under the Gujarat Prevention of Anti-social Activities Act, 1985, branding the petitioner as a 'bootlegger' as defined under Section 2(b) of the Act. The petitioner was detained and lodged in Vadodara Jail. The petitioner's counsel 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, 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 and his activities affected society at large, and that the Detaining Authority had passed the order to prevent him from acting prejudicially to the maintenance of public order in Ahmedabad. The Court, after considering the facts and submissions, framed the core issue as whether the detention order was sustainable in law. Upon examining the order and the grounds of detention, the Court found that the order was based solely on the registration of two FIRs for offences under the Gujarat Prohibition Act, 1949. The Court noted that the Detaining Authority had not recorded any satisfaction that the petitioner's alleged anti-social activities had disturbed or were likely to disturb public order. The Court held that the order was passed mechanically without application of mind and that the subjective satisfaction of the Detaining Authority was not based on any material showing a threat to public order. Consequently, the Court quashed and set aside the detention order and directed the petitioner's release forthwith.
Headnote
A) Preventive Detention - Bootlegger - Section 2(b) and Section 3 of Gujarat Prevention of Anti-social Activities Act, 1985 - Validity of Detention Order - The petitioner challenged the detention order dated 07.02.2026 passed by the Police Commissioner, Ahmedabad City branding him as a 'bootlegger'. The Court held that in absence of any material indicating disturbance of public health, public order or public tranquility, the detention order cannot be sustained. The order was passed mechanically without application of mind. (Paras 1-8)
Issue of Consideration
Whether the detention order passed by the Detaining Authority under the Gujarat Prevention of Anti-social Activities Act, 1985 branding the petitioner as a 'bootlegger' is sustainable in law when there is no material to show disturbance of public health, public order or public tranquility.
Final Decision
The Court quashed and set aside the detention order dated 07.02.2026 passed by the Police Commissioner, Ahmedabad City, and directed that the petitioner be set at liberty forthwith if not required in any other case.
Law Points
- Preventive detention
- bootlegger
- public order
- subjective satisfaction
- material on record
- mechanical exercise of power
