AJAMALHASAN TAHIRHASAN PATHAN THRO. RESHMABANU AJAMALHASAN PATHAN vs STATE OF GUJARAT Advocate - PUBLIC PROSECUTOR( — SCR.A/4984/2026
Case under Constitution of India Section 14,19,21,226. Disposed: --38-RULE ABSOLUTE/ALLOWED @ FH on 20th April 2026.
CNR: GJHC240268052026
Filing Number
SCR.A/15481/2026
Filing Date
07-04-2026
Registration No
SCR.A/4984/2026
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
5-DB - DETENTION - PREVENTION OF ANTI-SOCIAL ACTIVITIES ACT, 1985 - PRO-DETENTION - BOOTLEGGER ( 5 )
Judicial Branch
JUDICIAL
Decision Date
20th April 2026
Nature of Disposal
--38-RULE ABSOLUTE/ALLOWED @ FH
Acts & Sections
Petitioner(s)
AJAMALHASAN TAHIRHASAN PATHAN THRO. RESHMABANU AJAMALHASAN PATHAN
Adv. MALAY S PATEL(
,MR AMITKUMAR H GOHIL(
,MR AMITKUMAR H GOHIL(
, ,MR AMITKUMAR H GOHIL(
Respondent(s)
STATE OF GUJARAT Advocate - PUBLIC PROSECUTOR(
SATE OF GUJARAT
Adv. PUBLIC PROSECUTOR(
POLICE COMMISSIONER
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 the preventive detention order against a bootlegger under the Gujarat Prevention of Anti-social Activities Act, 1985, holding that the detaining authority failed to establish that the petitioner's activities adversely affected public order. The court distinguished between "law and order" disturbances and "public order" maintenance, ruling that mere criminal offences affecting specific individuals do not justify preventive detention unless they demonstrably affect the community at large or create widespread insecurity. The petitioner was ordered to be released immediately. This case analysis is maintained by casestatus.in based on publicly available court records.
Summary: The Gujarat High Court quashed the preventive detention order against a bootlegger under the Gujarat Prevention of Anti-social Activities Act, 1985, holding that the detaining authority failed to establish that the petitioner's activities adversely affected public order. The court distinguished between "law and order" disturbances and "public order" maintenance, ruling that mere criminal offences affecting specific individuals do not justify preventive detention unless they demonstrably affect the community at large or create widespread insecurity. The petitioner was ordered to be released immediately. This case analysis is maintained by casestatus.in based on publicly available court records.
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