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A. Y. KOGJE, SAMIR J. DAVE
Sanjay @ Gachado Sunil Indrekar – 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 Police Commissioner, Ahmedabad, respondent No. 2 herein, by which the petitioner has been detained as a “bootlegger” based on two offenses registered against him.
2. Learned advocate for the petitioner has challenged the order of detention on the ground that the order of detention has been passed on the very next day of the petitioner being released on regular bail and therefore, the detaining authority did not have sufficient time to arrive at the subjective satisfaction. Learned advocate has challenged the order a
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 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....
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 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 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.
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