Back
A. Y. KOGJE, SAMIR J. DAVE
Kirankumar @ Ashis S/O Mukeshbhai Vasava – 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 23.09.2023 passed by the Police Commissioner, Surat, respondent No.2 herein, by which the petitioner has been detained as a “bootlegger” as defined under section 2(b) of the Act based on two offences registered against him, details of which are as under:-
| Sr. No. | Name of Police Station | CR No. and date | Sections | Date of Bail order |
| 1 | Althana Police Station | PART-C- 11210069230014 of 2023 dated 02.01.2023 | 65(A)(E), 81, 116(B) of the Prohibition Act | 02.01.2023 |
| 2 | Althana Police Station | PART-C- 11210069230566 of 2023 dated 30.07.2023 | 65(A)(E), 81, 116(B) of the |
The registration of FIRs alone cannot establish a nexus with the breach of public order, and the detaining authority must consider alternative measures before resorting to preventive detention.
The detention under the Gujarat Prevention of Anti-social Activities Act, 1985 requires the detenue's activities to pose a threat to public order and the whole tempo of society, supported by material....
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 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 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 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 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 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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
