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A. Y. KOGJE, SAMIR J. DAVE
Karansinh Ravsinh Parmar Through Hasumatiben Karansinh Parmar – 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:-
1.1 Essentially, the challenge is to the order of detention dated 30.09.2023 passed by the detaining authority, the District Magistrate, Sabarkantha, Himatnagar respondent No.2 herein, by which the petitioner has been detained as a “bootlegger” based on three offenses registered against him.
2. Learned advocate for the petitioner has challenged the order of detention primarily on the ground of delay. It is submitted that even after the petitioner was enlarged on regular bail on 12.07.2023, the order of detention is passed after delay of two months.
2.1 Learned advocate for the petitioner has also argued that the detaining authority in the grounds of detention has arrived at a subjective satisfaction that the sale of Indian made foreign liquor by the petitioner has resulted in add
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 ....
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 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 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 main legal point established in the judgment is that the detaining authority must consider the remedy of cancellation of bail and act promptly in passing the order of detention to maintain the li....
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