Preventive detention requires evidence of activities adversely affecting public order, not just law and order violations.

1. The petitioner herein namely Sunny alias Sonu Dine\shbhai Solanki came to be preventively detained vide the detention order dated 14.12.2023 passed by the Police Commissioner, Surat, as a bootlegger as defined under S.2(b) 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. Vicky Mehta and Mr. LB Dabhi, learned Additional Public Prosecutor for the respondent State.

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 order as contemplated under the explanation sub-section (4) of S.3 of the Act, 1985 and therefore, where the offences alleged to have been committed by the detunue have no bearing on the question of maintenance of public order and his activities could be said to be a prejudicial only to the maintenance of law and order and not prejudicial to the maintenance of public order.

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.

6. Having considered the facts as well as the submissions made by the respective parties, the issue arise as to whether the order of detention passed by the Detaining Authority in exercise of his powers under the provisions of the Act of 1985 is sustainable in law?

7. The order impugned was executed upon the applicant and presently he is in District Jail, Nadiad. In the grounds of detention, a reference of two criminal cases registered against the applicant under the Prohibition Law was made and further it is alleged that, the activities of the detenue as a "bootlegger" affects adversely or are likely to affect adversely the maintenance of public order as explained under S.3 of the Act of 1985. Admittedly, in both the said offences, the applicant was granted bail.

8. After careful consideration of the material, we are of the considered view that on the basis of two prohibition cases, the authority has wrongly arrived at the subjective satisfaction that the activities of the detenue could be termed to be acting in a manner 'prejudicial to the maintenance of public order'. In our opinion, the said two offences do not have any bearing on the maintenance of public order. In this connection, we may refer to the decision of the Apex Court in the case of Piyush Kantilal Mehta v. Commissioner of Police, Ahmedabad , 1989 Supp (1) SCC 322 : (AIR 1989 SC 491), wherein, the detention order was made on the basis of the registration of the two prohibition offences. The Apex Court after referring the case of Pushkar Mukherjee v. State of Bengal , 1969 (1) SCC 10 :(AIR 1970 SC 852), made a distinction between 'law and order' and 'public order'. Paras - 17 and 18 of the decision read thus:

"17. In this connection, we may refer to a decision of this Court in Pushkar Mukherjee v. State of West Bengal, where the distinction between 'law and order' and 'public order' has been clearly laid down. Ramaswami, J. speaking for the Court observed as follows:

10. "Does the expression 'public order' take in every kind of infraction of order or only some categories thereof? It is manifest that e