RAJ HARISH THAKOR THRO. RAJA HARISH THAKORversusSTATE OF GUJARAT

  R/SCR.A/1897/2026                            JUDGMENT DATED: 26/02/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CRIMINAL APPLICATION NO. 1897 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA                           Sd/-
and
HONOURABLE MR.JUSTICE D. M. VYAS                                 Sd/-

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           Approved for Reporting             Yes           No
                                                        ✔
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           RAJ HARISH THAKOR THRO. RAJA HARISH THAKOR
                              Versus
                     STATE OF GUJARAT & ORS.
==================================================
Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1
MR. KRUTIK PARIKH, APP for the Respondent(s) No. 1
==================================================

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

                    Date : 26/02/2026
                       JUDGMENT
 (PER : HONOURABLE MR.JUSTICE D. M. VYAS)


[1]   The petitioner herein, namely Raj Harish Thakor, has 7led
the present petition through his brother, namely Raja Harish
Thakor under Articles 226 and 227 of the Constitution of India,
challenging the detention order dated 02.02.2026 passed by the
Police Commissioner, Vadodara City, as a “bootlegger” as
de7ned under Section 2(b) of the Gujarat Prevention of Anti-
social Activities Act, 1985 (herein after referred as ‘the Act of
1985).


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  R/SCR.A/1897/2026                             JUDGMENT DATED: 26/02/2026




[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 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      public health, 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 has been passed
without application of mind and, prima facie, appears to have
been 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 Mehsana Central Jail.


[5]   On the other hand, learned APP, opposing the present
petition contended that the detenue is habitual oIender and his
activities have aIected 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


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  R/SCR.A/1897/2026                         JUDGMENT DATED: 26/02/2026




maintenance of public order in the area of Vadodara 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 that arises is 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 impugned order was
executed upon the petitioner and presently he is in Mehsana
Central Jail. In the grounds of detention, reference of one
criminal case for the oIences punishable under Sections 65(e)
and 108 of the Prohibition Act registered with Gorva various
police stations against the petitioner on 14.01.2026 is made out.


[7.1] In the impugned order, it is alleged that the activities of
the detenue, as a “bootlegger”, aIect adversely or are likely to
aIect adversely the maintenance of public order as explained
under Section 3 of the Act of 1985. Undisputedly, in the
aforesaid alleged oIences, the petitioner was granted bail by
the concerned court.


[8]   Considering the impugned order, it appears that the
provisions of Section 2(b) of the Act of 1985 have been referred


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  R/SCR.A/1897/2026                                JUDGMENT DATED: 26/02/2026




to 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 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 as acting in a manner
‘prejudicial to the maintenance of public order’.                     In our
considered opinion, the said oIences 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 Dhaya
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 o0ence(s), and
      therefore, must not be used in the ordinary course of nature.
      The power of preventive detention 2nds recognition in the
      Constitution itself, under Article 22(3)(b). However, this Court



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R/SCR.A/1897/2026                                JUDGMENT DATED: 26/02/2026




    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.”

    …..

    “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 su0icient means to
    address the apprehensions leading to the impugned detention
    order. There may have existed su0icient 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)”



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    R/SCR.A/1897/2026                                                JUDGMENT DATED: 26/02/2026




[10] For the aforesaid reasons, we are of the considered
opinion that, the material available on record is not suIicient to
hold that the alleged activities of the detenue have either
aIected adversely or are likely to aIect adversely the
maintenance of public order, and therefore, the subjective
satisfaction arrived at by the detaining authority cannot be said
to be legal, valid or in accordance with law.


[11] Accordingly, this petition stands allowed. The order
impugned dated 02.02.2026 passed by the respondent authority
is hereby quashed. We direct that the detenue be set at liberty
forthwith, if he is not required in any other case. Rule is made
absolute accordingly. Direct service permitted.


                                                                          Sd/-
                                                                 (N.S.SANJAY GOWDA, J.)



                                                                                     Sd/-
                                                                              (D. M. VYAS, J.)
DHARMENDRA KUMAR

Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: KUMAR DHARMENDRA(HC01071), GOV, at High Court of Gujarat on 27/02/2026 13:31:26




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