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

CASE DISPOSED

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

Constitution of India Section 226, 14, 21
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) Section 3(1), 3(2)
Prevention of Anti-social Activities Act, 1985 Section 00

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

13-04-2026

637 - FRESH MATTERS- PRO DETENTION

20-04-2026

194-FOR FINAL HEARING

Orders

20-04-2026
HONOURABLE MR. JUSTICE R.M.CHHAYA,HONOURABLE MR. JUSTICE ILESH J. VORA

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.

casestatus.in Summary

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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