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.

Case disposed

CNR: GJHC240262412026

Filing Number

SCR.A/15081/2026

Filing Date

06-Apr-2026

Registration No

SCR.A/5007/2026

Registration Date

08-Apr-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

20-Apr-2026

Nature of Disposal

--38-RULE ABSOLUTE/ALLOWED @ FH

Last updated 19-May-2026

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)

  1. 1.SHAHRUKHKHAN ASHRAFKHAN PATHAN THRO PATHAN AAYESHABANU SHAHRUKHKHAN

    Adv. MR M.NISAR VAIDHYA(

  2. 2.,MR MOHDDANISH M BAREJIA(

  3. 3.,MR MOHDDANISH M BAREJIA(

  4. 4., ,MR MOHDDANISH M BAREJIA(

Respondent(s)

  1. 1.DIRECTOR GENERAL OF POLICE Advocate - null(

  2. 2.STATE OF GUJARAT

    Adv. PUBLIC PROSECUTOR(

  3. 3.JAIL SUPERINTENDENT

Case History

  1. Case disposedDisposed

  2. 20-Apr-2026

    Honourable Mr. Justice R.m.chhaya,honourable Mr. Justice Ilesh J. VoraView PDF

    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.

  3. 20-Apr-2026

    194-For Final Hearing

    Honourable Mr. Justice Ilesh J. Vora , Honourable Mr. Justice R. T. Vachhani

  4. 13-Apr-2026

    Honourable Mr. Justice R.m.chhaya,honourable Mr. Justice Ilesh J. VoraView PDF

  5. 13-Apr-2026

    First hearing

    Initial hearing scheduled

  6. 06-Apr-2026

    Case filed

    Registration No. SCR.A/5007/2026

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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