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2025 Supreme(GUJ) 8

HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
MUKESHBHAI MAFATBHAI PADHIYAR THROUGH KANTABEN MAFATBHAI PADHIYAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR YUNUS U MALEK(5343) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

Table of Content
1. detention order details (Para 1 , 2 , 3)
2. grounds of detention (Para 4)
3. state counsel's contention (Para 5)
4. sustainability of detention order (Para 6)
5. criminal cases referenced (Para 7)
6. subjective satisfaction (Para 8)
7. failure to substantiate (Para 9)
8. petition allowed (Para 10)

ORDER :

1. The petitioner herein namely Mukeshbhai Mafatbhai Padhiyar came to be preventively detained vide the detention order dated 14.02.2025 passed by the District Magistrate, Anand, as a bootlegger as defined under Section 2(b) of the Gujarat Prevention of Anti-social Activities Act, 1985 (herein after referred as ‘the Act of 1985).

3. This Court has heard Mr.Yunus Malek learned counsel for the petitioner and Ms.C.M. Shah learned APP for the respondent-State.

5. On the other hand, learned State Counsel opposing the application contended that, the detenue is habitual offender and his activities affected at the society at large. In such set of circumstances, the Detaining Authority, considering the antecedents and past activities of the detenue, has passed the impugned order with a view to preventing him from acting in any manner prejudicial to the maintenance of public order i

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