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A. Y. KOGJE, RAJENDRA M. SAREEN
Suresh, S/o. Santoshbhai Pawar Through Santosh Sambhaji Pawar – Appellant
Versus
Commissioner Of Police, Surat City – Respondent
JUDGMENT :
(A.Y. Kogje, J.)
1. This petition under Article 226 of the Constitution of India is filed for following relief:-
1.1 Thus, essentially, the challenge is to the order of detention dated 26.08.2023 passed by the Police Commissioner, Surat, respondent No.1 herein, by which the petitioner has been detained as a “bootlegger” based on solitary offence registered against him, the details of which are as under:-
| Sr. No. | Name of Police Station | CR No. and date | Sections | Date of bail order |
| 1 | DCB Police Station, Surat | C-11210015230087 of 2023 dated 15.06.2023 | 65(A)(E), 81, 83, 98(2) and 99 of the Prohibition Act | 24.08.2023 |
2. Learned advocate for the detenue s
The detention under the Act requires justifiable subjective satisfaction on objective material that the alleged activity is likely to create disturbance of public order, and the detaining authority m....
The court emphasized the need for convincing reasons and justifiable material to justify preventive detention, and the availability of alternative remedies such as cancellation of bail or appeal to a....
The registration of a solitary offence under the Prohibition Act by itself cannot justify preventive detention unless the activities of the detenue affect the maintenance of public order.
Preventive detention can only be resorted to if there is justifiable subjective satisfaction on objective material that the offense is likely to create disturbance of public order. The detaining auth....
The need for a 'live and proximate link' between the grounds of detention and the purpose of detention, and the requirement for convincing impact on public order to justify preventive detention.
The detention under the Prohibition Act must have a nexus with the maintenance of public order, and the detaining authority should consider the option of cancellation of bail to prevent further offen....
The detention order must have a nexus with the maintenance of public order, and unreasonable delay in passing the order after the petitioner was granted bail can vitiate the detention order.
The subjective satisfaction of the detaining authority must be legal, valid, and in accordance with the law. Mere registration of FIRs by itself cannot have any nexus with the breach of maintenance o....
The detention order can be challenged on the grounds of delay in passing the order, lack of material connecting alleged anti-social activity with breach of public order, and the availability of alter....
The importance of a 'live and proximate link' between the prejudicial activities and the purpose of detention in passing a detention order.
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