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A. Y. KOGJE, SAMIR J. DAVE
Vickykumar S/o Shivaji Kavaji Kharadi – 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 District Magistrate, Sabarkantha, Himatnagar, respondent No.2 herein, by which the petitioner has been detained as a “bootlegger” based on two offences registered against him.
2. Learned advocate for the petitioner has challenged the order of detention on three grounds. Firstly, learned advocate has submitted that the offenses relied upon by the detaining authority are separated by period of one year and two months and therefore, there is no live link between two offenses to treat the petitioner as continuously indulging in similar offense to be tr
The live link between offences is essential for justifying a detention order, and the contravention of any law must affect the community or the public at large to be considered as affecting public or....
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 main legal point established in the judgment is the requirement for a 'live and proximate link' between the prejudicial activities and the purpose of detention in preventive detention cases.
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 Gujarat Prevention of Antisocial Activities Act, 1985 requires justifiable subjective satisfaction on objective material that the activities affect public 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 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....
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