Gujarat High Court
Amirbhai Aslambhai Vohra Ghanchi Thro … vs State Of Gujarat on 17 April, 2026
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/SCR.A/4901/2026 ORDER DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 4901 of 2026
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AMIRBHAI ASLAMBHAI VOHRA GHANCHI THRO SMABEN W/O AMIRBHAI
VOHRA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MR VINAY VISHEN APP for the Respondents
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 17/04/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
1. The petitioner came to be preventively detained vide
the detention order dated 03.04.2026 passed by the
Police Commissioner, Rajkot, as a “dangerous person”
as defined under Section 2(c) of the Gujarat
Prevention of Anti-social Activities Act, 1985 (herein
after referred as ‘the Act of 1985).
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. V. K.
Anandjiwala and Mr. Vinay Vishen, learned Additional
Public Prosecutor for the respective parties.
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NEUTRAL CITATION
R/SCR.A/4901/2026 ORDER DATED: 17/04/2026
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4. Learned advocate for the detenue submits that the
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 (4) of Section 3 of the Act,
1985 and therefore, where the offences alleged to
have been committed by the detunue 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
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NEUTRAL CITATION
R/SCR.A/4901/2026 ORDER DATED: 17/04/2026
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under the provisions of the Act of 1985 is sustainable
in law?
7. The order impugned was executed upon the petitioner
and presently he is in Jail. In the grounds of detention,
a reference of three criminal cases i.e. (i) for the
offence under Sections 316(2), 54, 112(2) dated
10.12.2025 with Malaviya Nagar Police Station, (ii) for
the offence under Sections 316(2), 3(5), 112 dated
10.12.2025 with Rajkot Taluka Police Station, (iii) for
the offence under Sections 316(2), 54 dated
11.11.2025 with Gandhigram Police Station, registered
against the petitioner under the BNS was made and
further it is alleged that, the activities of the detenue
as a “dangerous person” affects adversely or are likely
to affect adversely the maintenance of public order as
explained under Section 3 of the Act of 1985.
Admittedly, in all the said offences, the petitioner was
granted bail.
8. After careful consideration of the material, we are of
the considered view that on the basis of three criminal
cases, 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 offences do not have any bearing on
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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:
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 therePage 4 of 7
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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
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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, 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.”
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R/SCR.A/4901/2026 ORDER DATED: 17/04/2026
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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 03.04.2026 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.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
P.S. JOSHI
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