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A. Y. KOGJE, SAMIR J. DAVE
Kalu @ Kalu Topi Sundardas Telwani Through Dhiraj Lilaram Telwani – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. This petition under Article 226 of the Constitution of India is filed for following relief:-
(B) & (C) xxxx;”
2. Thus, essentially, the challenge is to the order of detention dated 09.11.2023 passed by the Police Commissioner, Vadodara, respondent No.2 herein, by which the petitioner has been detained as a “bootlegger” based on solitary offence registered against him.
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 Sections of the Prohibition Act by itself cannot bring the case of the detenue
Preventive detention based on a solitary incident or instance requires justifiable subjective satisfaction on objective material that the incident or offence is likely to create disturbance of public....
The detention under the Gujarat Prevention of Antisocial Activities Act, 1985 requires justifiable subjective satisfaction on objective material that the activities affect public order.
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....
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 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.
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 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 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 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....
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