High Court of Gujarat
MR. PANKAJKUMAR S/O BHAVESHBHAI DODIYA THROUGH MR. VISHAL BHAVESHBHAI DODIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
Holding
The detention order is illegal and is quashed because the material on record does not satisfy the requirement that the detainee's activities affect public order.
Summary
Pankajkumar was preventively detained on 13 January 2026 by the Surat Police Commissioner under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985, on the ground that his bootlegging activities threatened public order. He challenged the order through a special criminal application, arguing that no material was placed before the authority to show any disturbance of public health, order or tranquility. The State contended that his habitual offences and past conduct justified detention to prevent a threat to public order. The Court examined the detention order, noted that it relied on a single criminal case under the Prohibition Act and found no evidence that the alleged bootlegging affected public order as required by Section 3 of the Act. Relying on Supreme Court precedents that preventive detention is an extraordinary power to be used sparingly, the Court held that the material was insufficient to satisfy the legal test. Consequently, the detention order was quashed and the petitioner was directed to be released. The petition was allowed.
Issues considered
- Whether the detention order under Section 2(b) of the Gujarat Prevention of Anti‑social Activities Act, 1985 is valid in the absence of material linking bootlegging to a disturbance of public order.
- Whether the detaining authority's subjective satisfaction meets the statutory requirement for preventive detention.
- Whether ordinary criminal proceedings, rather than preventive detention, should be employed in the present circumstances.
Legislation cited
Subjects
preventive detentionbootleggingpublic orderGujarat Prevention of Anti‑social Activities ActBombay Prohibition Actlibertyextraordinary powerbail
Judgment
R/SCR.A/1253/2026 JUDGMENT DATED: 18/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1253 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE D. M. VYAS
==========================================================
Approved for Reporting Yes No
==========================================================
MR. PANKAJKUMAR S/O BHAVESHBHAI DODIYA THROUGH MR. VISHAL
BHAVESHBHAI DODIYA
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE D. M. VYAS
Date : 18/02/2026
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE D. M. VYAS)
1. The detenue herein namely Pankajkumar S/O
Bhaveshbhai Dodiya came to be preventively detained vide
the detention order dated 13.01.2026 passed by the Police
Commissioner, Surat City, as a bootlegger as de ned
under Section 2(b) of the Gujarat Prevention of Anti-social
Activities Act, 1985 (herein after referred as ‘the Act of 1985).
Page 1 of 6
R/SCR.A/1253/2026 JUDGMENT DATED: 18/02/2026
2. By way of this petition, the detenue has challenged the
legality and validity of the aforesaid order through his
brother.
3. This Court has heard learned counsel 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 detenue and
presently he is detained in the Central Jail, Ahmedabad.
5. On the other hand, learned APP, opposing the present
petition contended that the detenue is habitual o2ender and
his activities a2ected 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 and
lastly prayed to dismiss the present petition.
Page 2 of 6
R/SCR.A/1253/2026 JUDGMENT DATED: 18/02/2026
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 in Central
Jail, Ahmedabad. In the grounds of detention, reference of
one case for the o&ences punishable under Sections
65(A)(E), 116(B), and 81 of the Prohibition Act,
registered with Laskana police station against the detenue
on 06.01.2026 is made out.
7.1. In the impugned order, it is alleged that the activities of
the detenue as a “bootlegger” a2ects adversely or are likely
to a2ect adversely the maintenance of public order as
explained under Section 3 of the Act of 1985.
8. Considering the impugned order, it appears that the
provisions of Section 2(b) of the Act of 1985 is referred by the
concerned authorities. Hence, the same is required to be
reproduced. The same reads as under:
“2(b) "bootlegger" means a person who distills,
manufactures, stores, transports, imports, exports, sells
or distributes any liquor, intoxicating drug or other
Page 3 of 6
R/SCR.A/1253/2026 JUDGMENT DATED: 18/02/2026
intoxicant in contravention of any provision of the
Bombay Prohibition Act, 1949 and the rules and orders
made thereunder, or of any other law for the time being
in force or who knowingly expends or applies any money
or supplies any animal, vehicle, vessel or other
conveyance or any receptacle or any other material
whatsoever in furtherance or support of the doing of any
of the things described above by or through any other
person, or who abets in any other manner the doing of
any such thing;”
9. After consideration of the available material, we are of
the considered view that on the basis of one 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 considered opinion, the said o2ences do not have any
bearing on the maintenance of public order. In this regard,
we would like to refer the decision of the Apex Court in the
case of Dhanya M. v. State of Kerala and others reported
in AIR 2025 Sc 2868. In para-9 and para-21 of the said
decision, the Hon’ble Supreme Court has observed as under:
“9. It is well settled that the provision for preventive
detention is an extraordinary power in the hands of the State
that must be used sparingly. It curtails the liberty of an
individual in anticipation of the commission of further
o2ence(s), and therefore, must not be used in the ordinary
course of nature. The power of preventive detention nds
recognition in the Constitution itself, under Article 22(3)(b).
However, this Court has emphasized in Rekha v. State of
Tamil Nadu3 that the power of preventive detention is an
exception to Article 21 and, therefore, must be applied as
such, as an exception to the main rule and only in rare
cases.”
…..
Page 4 of 6
R/SCR.A/1253/2026 JUDGMENT DATED: 18/02/2026
“21. This Court in SK. Nazneen (supra), had observed that
the State should move for cancellation of bail of the detenu,
instead of placing him under the law of preventive detention,
which is not the appropriate remedy. Similarly, in Ameena
Begum v. State of Telengana9 , this Court observed :
“59. … It is pertinent to note that in the three criminal
proceedings where the detenu had been released on
bail, no applications for cancellation of bail had been
moved by the State. In the light of the same, the
provisions of the Act, which is an extraordinary statute,
should not have been resorted to when ordinary
criminal law provided su2icient means to address the
apprehensions leading to the impugned detention
order. There may have existed su2icient grounds to
appeal against the bail orders, but the circumstances
did not warrant the circumvention of ordinary criminal
procedure to resort to an extraordinary measure of the
law of preventive detention.”
60. In Vijay Narain Singh v. State of Bihar [Vijay Narain
Singh v. State of Bihar, (1984) 3 SCC 14 : 1984 SCC
(Cri) 361] , Hon'ble E.S. Venkataramiah, J. (as the Chief
Justice then was) observed : (SCC pp. 35-36, para 32)
32. … It is well settled that the law of preventive
detention is a hard law and therefore it should be
strictly construed. Care should be taken that the liberty
of a person is not jeopardised unless his case falls
squarely within the four corners of the relevant law.
The law of preventive detention should not be used
merely to clip the wings of an accused who is involved
in a criminal prosecution. It is not intended for the
purpose of keeping a man under detention when under
ordinary criminal law it may not be possible to resist
the issue of orders of bail, unless the material available
is such as would satisfy the requirements of the legal
provisions authorising such detention. When a person is
enlarged on bail by a competent criminal court, great
caution should be exercised in scrutinising the validity
of an order of preventive detention which is based on
the very same charge which is to be tried by the
criminal court.” (Emphasis supplied)”
10. For the aforesaid reasons, we are of the considered
Page 5 of 6
R/SCR.A/1253/2026 JUDGMENT DATED: 18/02/2026
opinion that, the material available on record are not
su2icient for holding that the alleged activities of the detenue
have either a2ected adversely or likely to a2ect 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.
11. Accordingly, this petition stands allowed. The order
impugned dated 13.01.2026 passed by the respondent
authority is hereby quashed. We direct the detenue to be set
at liberty forthwith, if he is not required in any other case.
Rule is made absolute accordingly. Direct service permitted.
(N.S.SANJAY GOWDA,J)
(D. M. VYAS, J)
OMKAR
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/02/2026 17:09:31
Page 6 of 6
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.
Try "preventive detention"Sign in to search