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A. Y. KOGJE, SAMIR J. DAVE
Pankajbhai Bharatbhai Nathubhai Gohil – 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:-
(B) Your Lordships be pleased to issue a writ of mandamus or any other appropriate writ, directions or order quashing and setting aside the impugned order of detention Dtd. 07/10/2023, passed by the respondent no.1 at Annexure “A” herein, and further your Lordships be pleased to issue a writ of habeas corpus or any other appropriate writ, directing the respondent authority to release the petitioner forthwith from detention;
(C) Pending hearing and final disposal of the petition your Lordships be pleased to release the petitioner on parole.
(D) Your Lordships be pleased to dispense with the filing of the petitioner’s affidavit as he is in jail;”
2. Essentially, the challenge is to the order of detention dated 07.10.2023, where the Detaining Authority has relied upon five offences registered with Bharuch (Rural), Bharuch City and Dahej Police Station respectively under the provisions of the Prohibition Act and treated the petitioner to be “bootlegger” as defined under section 2(b) of the Act.
3. Lear
The delay in passing the order of detention and the sufficiency of the grounds of detention are crucial factors in determining the validity of a detention order.
The detention order must be based on a genuine threat to public order and supported by contemporaneous material. Delay in passing the detention order and lack of contemporaneous material can vitiate ....
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.
Preventive detention requires clear evidence linking detainee's actions to a threat to public order; mere registration of FIRs is insufficient for lawful detention.
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.
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