HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
MUKESHBHAI MAFATBHAI PADHIYAR THROUGH KANTABEN MAFATBHAI PADHIYAR – Appellant
Versus
STATE OF GUJARAT – Respondent
| 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
Preventive detention requires a clear demonstration that activities adversely affect public order, not merely law and order.
Preventive detention requires a clear nexus to public order, not merely law and order; insufficient evidence leads to quashing of detention orders.
Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires a clear demonstration that the detainee's activities adversely affect public order, not merely law and order.
Preventive detention requires that activities must adversely affect public order, not just law and order, to justify detention under the Gujarat Prevention of Anti-social Activities Act.
Preventive detention under the Gujarat Prevention of Anti-social Activities Act requires that the detainee's activities must adversely affect public order, not merely law and order.
Preventive detention requires a clear demonstration that activities adversely affect public order, not merely law and order.
Preventive detention requires a clear connection between alleged activities and public order; mere law and order issues do not justify detention under the Act.
Preventive detention requires that activities must adversely affect public order, not merely law and order, for the detention to be valid.
Preventive detention requires a clear demonstration that the detainee's actions adversely affect public order, not merely law and order.
Preventive detention requires a clear impact on public order, not merely law and order disturbances, to be legally justified.
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