BHARATSINH PRAVINSINH NAGJI JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein namely Bharatsinh Pravinsinh Nagji Jadeja came to be preventively detained vide the detention order dtd. 21/12/2024 passed by the District Magistrate, Kutch-Bhuj, as a bootlegger as defined under Sec. 2(b) 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. c This Court has heard learned counsel Mr. Jagdhish Satapara and Mr. Vinay Vishen, learned Additional Public Prosecutor for the respective parties.

(3.) 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-sec. (4) of Sec. 3 of the Act of 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.