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A. Y. KOGJE, SAMIR J. DAVE
TRIBHOVANBHAI NANAJIBHAI PARMAR – Appellant
Versus
DISTRICT MAGISTRATE – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is filed for following relief:
2. Thus, essentially, the challenge is to the order of detention dated 05.09.2023 passed by the District Magistrate, Bhavnagar, 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:
| S. No. | Name of Police Station | CR No. and date | Sections | Date of bail order |
| 1 | Velavadar Bhal Police Station, Bhavnagar | 11198066230132 of 2023 dated 13.05.2023 | 65(A)(E), 116B, 81, 83 and 98(2), of the Prohibition Act | 22.07.2023 |
3. Learned advocate for the detenue submits that the order of detention impugned in this petition deserves to be quashed and set aside on the ground of registration of the solitary offence under the Prohibition Act b
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 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 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 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 main legal point established in the judgment is that for a detention order to be valid, there must be justifiable subjective satisfaction on objective material, and the alleged offense must signi....
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 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....
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 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.
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