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NEUTRAL CITATION

R/SCR.A/6800/2026 ORDER DATED: 08/05/2026

0.7209353000314288

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION NO. 6800 of 2026

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FARID BASIRBHAI KHOD VAGHER THRO AMINABEN BASIRBHAI KHOD

Versus

DIRECTOR GENERAL OF POLICE & ORS.

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Appearance:

MR HEMANT B RAVAL(3491) for the Applicant(s) No. 1

MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 2

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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

and

HONOURABLE MR. JUSTICE R. T. VACHHANI

Date : 08/05/2026

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

Rule. Learned APP waives service of notice of Rule on behalf of

the respondents. By consent, Rule is fixed forthwith.

1. The present petition is directed against the order of detention dated

21.04.2026 (actual date of detention is 22.04.2026) passed by the

respondent – detaining authority in exercise of powers conferred under

Section 3(1) of the Gujarat Prevention of Anti-Social Activities Act, 1985

(for short ‘the Act’), whereby the respondent - detaining authority has

detained the petitioner - detenue as defined under Section 2(g) of the Act.

2. Heard the learned advocate appearing for the petitioner – detenue

and learned APP appearing for the respondent – State.

3. Learned advocate for the petitioner - detenue submits that the

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NEUTRAL CITATION

R/SCR.A/6800/2026 ORDER DATED: 08/05/2026

0.7209353000314288

impugned order of detention is required to be quashed and set-aside since

the detaining authority has passed the order of detention solely on the

ground of registration of 1 criminal case, as mentioned in the impugned

detention order, and that by itself cannot bring the case of the petitioner -

detenue within the purview of definition under Section 2(g) of the Act.

Learned advocate for the petitioner – detenue further submitted that the

illegal activities alleged to have been carried out or likely to be carried

out, as alleged, cannot have any nexus or bearing with the maintenance of

public order and at the most it can be said to be a breach of law and order.

Further, except the statements of the witnesses and the registration of the

above FIRs, no other relevant and cogent material is on record which

would show that the alleged anti-social activities of the petitioner -

detenue fall under the category of breach of public order. Learned

advocate further submitted that it is not possible to hold, on the basis of

the facts of the present case, that the activities of the petitioner - detenue

with respect to the criminal cases had affected and disturbed the social

fabric of the society, eventually which would become threat to the very

existence of the normal and routine life of the people at large or that on

the basis of the registration of criminal cases, the petitioner - detenue had

put the entire social apparatus in disorder, making it difficult for the

whole system to exist, as a system governed by rule of law, by disturbing

the public order. It is also submitted that the detaining authority has also

not applied its mind to the fact that the petitioner – detenue is released on

bail in all the offences.

4. Learned APP for the respondent-State has supported the detention

order passed by the detaining authority and has submitted that sufficient

materials and evidences were found during the course of investigation

and the same were even supplied to the petitioner – detenue, which

indicate that the detenue is in the habit of indulging into activities as

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NEUTRAL CITATION

R/SCR.A/6800/2026 ORDER DATED: 08/05/2026

0.7209353000314288

defined under Section 2(g) of the Act and considering the facts of the

case, the detainin