SHAHRUKHKHAN ASHRAFKHAN PATHAN THRO PATHAN AAYESHABANU SHAHRUKHKHAN vs DIRECTOR GENERAL OF POLICE Advocate - null( — SCR.A/5007/2026
Case under Constitution of India Section 226, 14, 21. Disposed: --38-RULE ABSOLUTE/ALLOWED @ FH on 20th April 2026.
CNR: GJHC240262412026
Filing Number
SCR.A/15081/2026
Filing Date
06-04-2026
Registration No
SCR.A/5007/2026
Registration Date
08-04-2026
Judge
HONOURABLE MR. JUSTICE ILESH J. VORA , HONOURABLE MR. JUSTICE R. T. VACHHANI
Coram
HONOURABLE MR. JUSTICE ILESH J. VORA , HONOURABLE MR. JUSTICE R. T. VACHHANI
Bench Type
DIVISION
Category
3011-DB - DETENTION - PREVENTION OF ANTI-SOCIAL ACTIVITIES ACT, 1985 ( 3011 )
Sub-Category
4-DB - DETENTION - PREVENTION OF ANTI-SOCIAL ACTIVITIES ACT, 1985 - PRO-DETENTION - MISCELLANEOUS MATTERS ( 4 )
Judicial Branch
JUDICIAL
Decision Date
20th April 2026
Nature of Disposal
--38-RULE ABSOLUTE/ALLOWED @ FH
Acts & Sections
Petitioner(s)
SHAHRUKHKHAN ASHRAFKHAN PATHAN THRO PATHAN AAYESHABANU SHAHRUKHKHAN
Adv. MR M.NISAR VAIDHYA(
,MR MOHDDANISH M BAREJIA(
,MR MOHDDANISH M BAREJIA(
, ,MR MOHDDANISH M BAREJIA(
Respondent(s)
DIRECTOR GENERAL OF POLICE Advocate - null(
STATE OF GUJARAT
Adv. PUBLIC PROSECUTOR(
JAIL SUPERINTENDENT
Hearing History
Judge: HONOURABLE MR. JUSTICE ILESH J. VORA , HONOURABLE MR. JUSTICE R. T. VACHHANI
637 - FRESH MATTERS- PRO DETENTION
194-FOR FINAL HEARING
| Date | Purpose |
|---|---|
| 13-04-2026 | 637 - FRESH MATTERS- PRO DETENTION |
| 20-04-2026 | 194-FOR FINAL HEARING |
Orders
Summary The Gujarat High Court quashed a preventive detention order dated 16/03/2026 passed against the petitioner under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988. The court found that the detaining authority lacked sufficient material to establish that the petitioner's alleged illicit drug trafficking activities adversely affected or were likely to affect the maintenance of public order, as required by law. Relying on Supreme Court precedent, the court held that preventive detention is an extraordinary power that must be used sparingly and only when ordinary criminal law is insufficient, and therefore directed the petitioner's immediate release. This case analysis is maintained by casestatus.in based on publicly available court records.
Summary The Gujarat High Court quashed a preventive detention order dated 16/03/2026 passed against the petitioner under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988. The court found that the detaining authority lacked sufficient material to establish that the petitioner's alleged illicit drug trafficking activities adversely affected or were likely to affect the maintenance of public order, as required by law. Relying on Supreme Court precedent, the court held that preventive detention is an extraordinary power that must be used sparingly and only when ordinary criminal law is insufficient, and therefore directed the petitioner's immediate release. This case analysis is maintained by casestatus.in based on publicly available court records.
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