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2025 Supreme(Online)(Guj) 6176

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, P. M. RAVAL, JJ
SHAMJIBHAI @ SHAMO S/O MAKABHAI MADHABHAI MAKWANA THRO PAYALBEN KISHORBHAI SOLANKI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR KISHAN K NAYI
For the Respondents: MS MONALI BHATT APP

Table of Content
1. preventive detention's basis. (Para 1 , 2)
2. arguments for and against the detention. (Para 4 , 5)
3. court's view on public order issue. (Para 6 , 8)
4. outcome of the case and effect on detention. (Para 9 , 10)

(PER : HONOURABLE MR.JUSTICE P. M. RAVAL)

1. The petitioner herein namely Shamjibhai @ Shamo S/O Makabhai Madhabhai Makwana Thro Payalben Kishorbhai Solanki came to be preventively detained vide the detention order dated 30.04.2025 passed by the Police Commissioner, Rajkot, as a “dangerous person” as defined under Section 2(c) of the Gujarat Prevention of Anti-social Activities Act, 1985 (herein after referred as ‘the Act of 1985).

2. By way of this petition, the petitioner has challenged the legality and validity of the aforesaid order.

3. This Court has heard learned counsel Mr.Kishan Nayi and Ms.Monali Bhatt, learned Additional Public Prosecutor for the respective parties.

4. Learned advocate for the detenue submits that the grounds of detention has no nexus to the “public order”, but is a purely a matter of law and order, as registration of the offence cannot be said to have either affected adversely or likely to affect adverse the maintenance of public ord

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