High Court of Gujarat

DIPAKBHAI UKABHAI JADAVversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: ILESH VORAR T VACHHANI

Holding

The Court quashed the detention order dated 30‑04‑2024 and allowed the pre‑detention application.

Summary

Dipakbhai Ukabhai Jadav filed a pre‑detention application fearing detention under the PASA Act based on an FIR registered under the Gujarat Prohibition Act. The petitioner highlighted that co‑accused Rasikbhai Bhambhaniya and Rakeshkumar Gohil had earlier obtained quash of their detention orders in the same court. The Coordinate Bench had set aside those orders on 12‑02‑2026 and 03‑03‑2026. Applying the principle of parity, the Court considered the present petition and allowed it. Consequently, the detention order dated 30‑04‑2024 was quashed, the rule was made absolute, and direct service was permitted.

Issues considered

Whether the petitioner is entitled to relief under the pre‑detention provisions of the PASA Act in view of similar petitions being allowed.
Whether the principle of parity mandates that the petition be granted.

Subjects

pre‑detentionparity principledetention orderPASA ActGujarat Prohibition ActquashHigh Court of Gujarat

Judgment

      C/SCA/20173/2023                              ORDER DATED: 16/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 20173 of 2023

==========================================================
                         DIPAKBHAI UKABHAI JADAV
                                  Versus
                         STATE OF GUJARAT & ORS.
==========================================================
Appearance:
DENISH V MAVADHIYA(9207) for the Petitioner(s) No. 1
MR JAY MEHTA, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
==========================================================

     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
           and
           HONOURABLE MR. JUSTICE R. T. VACHHANI

                             Date : 16/03/2026

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


1.      We have heard learned counsel Mr.Denish V. Mavadhiya, for the
petitioner and Mr.Jay Mehta, learned APP for the respondent.


2.      The petitioner, by way of this pre-detention application, expressed
his apprehension that, he is likely to be detained under the PASA Act, on
the basis of FIR, registered under the Gujarat Prohibition Act. It has been
pointed out that the co-accused viz. Rasikbhai Bhambhaniya,
Rakeshkumar Gohil, have also preferred pre-detention petition,
challenging the detention order and after hearing, the Coordinate Bench
of this Court, vide order dated 12.02.2026 and 03.03.2026, have quashed
the order of detention passed by the concerned competent authority.




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        C/SCA/20173/2023                                                                     ORDER DATED: 16/03/2026




3.         In such circumstances, applying the principle of parity, the present
application deserves consideration and is accordingly allowed.


4.         The order dated 30.04.2024, passed by the concerned authority is
hereby quashed and set aside.


5.         Rule is made absolute to the aforesaid extent. Direct service is
permitted.

                                                                                                     (ILESH J. VORA,J)



                                                                                                  (R. T. VACHHANI, J)
MVP

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MITESH VIJAYBHAI PANCHAL(HCD0065), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 18/03/2026 11:25:20




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