HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT
Gopal @ Gopal Langado, S/o. Kisto Ram – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. detention order challenged (Para 1 , 2 , 3 , 5 , 7) |
| 2. grounds of detention (Para 4) |
| 3. issue of sustainability (Para 6) |
| 4. subjective satisfaction (Para 8 , 9) |
| 5. petition allowed (Para 10) |
ORDER :
1. The petitioner herein came to be preventively detained vide the detention order dated 1.2.2025 passed by the Police Commissioner, Surat, 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 learned counsel and learned Additional Public Prosecutor for the respective parties.
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 in the area of Surat.
7. The order impugned was executed upon the petitioner and presently he is in Jail. In the grounds of detention, a reference of one criminal cas
Preventive detention requires a clear nexus to public order, not merely law and order; insufficient evidence leads to quashing of detention orders.
Preventive detention requires evidence of activities adversely affecting public order, not just law and order violations.
Preventive detention requires a clear link between alleged activities and public order; mere law and order issues do not suffice.
Preventive detention requires a clear demonstration that activities adversely affect public order, not merely law and order.
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 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 a clear link between the alleged activities and public order, not merely law and order.
Preventive detention requires a clear demonstration that the detainee's actions adversely affect public order, not merely law and order.
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 activities adversely affect public order, not merely law and order.
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