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A. Y. KOGJE, SAMIR J. DAVE
Bharat @ Patti S/o Chhaganbhai Mevada Through His Mother Mevada Pramilaben Chhaganbhai – 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:-
2. Thus, essentially, the challenge is to the order of detention dated 28.09.2023 passed by the Police Commissioner, Surat, 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 within the purview of definition under section 2(b) of the Act. Further, learned Advocate for the detenue submits that illegal activity likely to be carried out or alleged to have been carried out, as alleged, cannot have any nexus or bearing with the maintenance of publi
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 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 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 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 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 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 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 Gujarat Prevention of Antisocial Activities Act, 1985 requires justifiable subjective satisfaction on objective material that the activities affect public order.
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....
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