KISHAN SURESHBHAI NAYDU THRO RIDHDHIBEN RAMESHBHAI DUDHAREJIYAversusSTATE OF GUJARAT

     R/SCR.A/4963/2026                           ORDER DATED: 20/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 4963 of 2026

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     KISHAN SURESHBHAI NAYDU THRO RIDHDHIBEN RAMESHBHAI
                         DUDHAREJIYA
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR KISHAN K NAYI(13080) for the Applicant(s) No. 1
MS ASMITA PATEL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
       and
       HONOURABLE MR. JUSTICE R. T. VACHHANI

                           Date : 20/04/2026

                        ORAL ORDER
 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.     The petitioner herein namely Kishan Usreshbhai Naydu
came to be preventively detained vide the detention order
dated 02.03.2026 passed by the respondent no.2 – Director
General of Police, C.I.D. Crime & Railways, Gujarat State,
Gandhinagar under Section 3(1) of the Prevention of Illicit
Traffic in Narcotic Drugs and Psychotropic Substances Act,
1988 (PIT-NDPS Act).


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.Asmita Patel, learned Additional Public Prosecutor for the
respondent State.

4.     Learned advocate for the detenue submits that the


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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 (1) of Section
3 of the Act, 1988 and therefore, where the offences alleged to
have been committed by the detenue 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 Rajkot.

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 1988
is sustainable in law?

7.     The order impugned was executed upon the applicant
and presently he is in Jail. In the grounds of detention, a
reference of one criminal case registered against the applicant
for the offence punishable under Sections 8(c) and 20(b)(ii)(b)



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     R/SCR.A/4963/2026                         ORDER DATED: 20/04/2026




of NDPS Act dated 05.09.2024 registered with Rajiot City
Pradhyuman Nagar Police Station, Rajkot was made and
further it is alleged that, the activities of the detenue affects
adversely or are likely to affect adversely the maintenance of
public order as explained under the provisions of Act of 1988.

8.     After careful consideration of the material, we are of the
considered view that on the basis of one criminal case, 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 offence does 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 Vs. Commissioner of Police, Ahmedabad,
1989 Supp (1) SCC 322, 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 Vs. State of Bengal, 1969 (1) SCC 10 held and
observed that mere disturbance of law and order leading to
detention order is thus not necessarily sufficient for action
under preventive detention Act. Paras-17 & 18 are relevant to
refer, which 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:




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R/SCR.A/4963/2026                               ORDER DATED: 20/04/2026




          10.       "Does the expression `public order' take in every
          kind of infraction of order or only some categories
          thereof? It is manifest that every act of assault or injury
          to specific persons does not lead to public disorder.
          When two people quarrel and fight and assault each
          other inside a house or in a street, it may be said that
          there is disorder but not public disorder. Such cases are
          dealt with under the powers vested in the executive
          authorities under the provisions of ordinary criminal law
          but the culprits cannot be detained on the ground that
          they were disturbing public order. The contravention of
          any law always affects order but before it can be said to
          affect public order, it must affect the community or the
          public at large. In this connection we must draw a line of
          demarcation between serious and aggravated forms of
          disorder which directly affect the community or injure
          the public interest and the relatively minor breaches of
          peace of a purely local significance which primarily
          injure specific individuals and only in a secondary sense
          public interest. A mere disturbance of law and order
          leading to disorder is thus not necessarily sufficient for
          action under the Preventive Detention Act but a
          disturbance which will affect public order comes within
          the scope of the Act."


   18. In the instant case, the detaining authority, in our
   opinion, has failed to substantiate that the alleged anti- social
   activities of the petitioner adversely affect or are likely to
   affect adversely the maintenance of public order. It is true
   some incidents of beating by the petitioner had taken place,
   as alleged by the witnesses. But, such incidents, in our view,



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      R/SCR.A/4963/2026                                      ORDER DATED: 20/04/2026




         do not have any bearing on the maintenance of public order.
         The petitioner may be punished for the alleged offences
         committed by him but, surely, the acts constituting the
         offences cannot be said to have affected the even tempo of
         the life of the community. It may be that the petitioner is a
         bootlegger within the meaning of section 2(b) of the Act, but
         merely because he is a bootlegger he cannot be preventively
         detained under the provisions of the Act unless, as laid down
         in sub-section (4) of section 3 of the Act, his activities as a
         bootlegger affect adversely or are likely to affect adversely
         the     maintenance     of    public       order    We    have      carefully
         considered the offences alleged against the petitioner in the
         order of detention and also the allegations made by the
         witnesses and, in our opinion, these offences or the
         allegations cannot be said to have created any feeling of
         insecurity or panic or terror among the members of the
         public of the area in question giving rise to the question of
         maintenance of public order. The order of detention cannot,
         therefore, be upheld.”


9.      For the reasons recorded, we are of the considered
opinion that, the material on record are not sufficient for
holding that the alleged activities of the detenue have either
affected        adversely   or        likely    to     affect      adversely           the
maintenance of public order and therefore, the subjective
satisfaction arrived at by the detaining authority cannot be
said to be legal, valid and in accordance with law.

10.     Accordingly, this petition stands allowed. The order
impugned          dated   02.03.2026           passed       by    the   respondent
authority is hereby quashed. We direct the detenue to be set


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                       R/SCR.A/4963/2026                                                            ORDER DATED: 20/04/2026




               at liberty forthwith, if he is not required in any other case. Rule
               is made absolute accordingly. Direct service permitted.




                                                                                                          (ILESH J. VORA,J)




                                                                                                        (R. T. VACHHANI, J)
               Rakesh




Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 20/04/2026 17:58:16




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