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

CASE DISPOSED

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

Constitution of India Section 14,19,21,226
Prevention of Anti-social Activities Act, 1985 Section 1

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

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 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.

casestatus.in Summary

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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