IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION NO. 16380 of 2025 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE D. M. VYAS ==========================================================

Approved for Reporting Yes No ==========================================================

BRIJESH S/O GIRISHBHAI DAHYABHAI PATEL THROUGH PATEL HIRAL BRIJESHBHAI Versus STATE OF GUJARAT & ORS.

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Appearance:

MR YASH K KOSHTI(12865) for the Applicant(s) No. 1 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE D. M. VYAS Date : 18/12/2025

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE D. M. VYAS)

1. The detenue herein namely Brijesh S/o Girishbhai Dahyabhai Patel came to be preventively detained vide the detention order dated 24/11/2025 passed by the Police Commissioner, Ahmedabad, as a ‘cyber offender’ as defined under Section 2(ba) of the Gujarat Prevention of Anti-social Activities Act, 1985 (herein after referred as ‘the Act of 1985). 2. By way of this petition through his wife, the detenue has challenged the legality and validity of the aforesaid order.

3. This Court has heard learned advocate for the petitioner and learned APP for the respondent-State Authorities.

4. Learned advocate for the petitioner vehemently argued that there was no material available with the detention authority to indicate as to how the public health or public order or public tranquility was disturbed in any manner. Thus, in absence of any such material on record, the order of detention ought not have been passed. It is further submitted by learned advocate for the petitioner that the impugned order is passed without application of mind and prima facie the order is passed mechanically.

4.1. Learned advocate for the petitioner further submitted that the impugned order was executed upon the petitioner and presently he is detained in the Bhuj District Jail.

5. On the other hand, learned APP, opposing the present petition contended that the detenue is habitual offender and his activities affected at the society at large. Hence, 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 Ahmedabad and lastly prayed to dismiss the present petition. 6. Having considered the facts as well as the submissions made by the learned advocates appearing for the respective parties, the core issue arises 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 or not?

7. We have carefully gone through the order passed by the concerned authority. It appears that the order impugned was executed upon the detenue and presently he is detained in Bhuj District Jail. In the grounds of detention, reference of four cases for the offences punishable under Section 66(C) of the Information Technology Act and Sections 316 (2), 318(2), 318(4), 319(2) and 54 of the BNS, 2023 registered with various police stations against the detenue from 24/12/2024 to 12/11/2025 is made out.

7.1. In the impugned order, it is alleged that the activities of the detenue as a “cyber offender” affects adversely or are likely to affect adversely the maintenance of public order as explained under the provisions of the the Act of 1985. Undisputedly, in the aforesaid alleged offences, the detenue was granted bail by the concerned court.

8. Considering the impugned order, it appears that the provisions of Section 2(ba) of the Act of 1985 is referred by the concerned authorities. Hence, the same is required to be reproduced. The same reads as under:

“(ba) "cyber offender” means a person who commits or attempts to commit or ab