Numerous Preventive Detention Orders Passed Day In & Day Out Relying On “Stale Material”: Gujarat High Court Grants Relief To NDPS Accused

Numerous Preventive Detention Orders Passed Day In & Day Out Relying On “Stale Material”: Gujarat High Court Grants Relief To NDPS Accused

Case: Jerambhai Premjibhai Chauhan (Koli) Through Bhagwanjibhai Premjibhai Chauhan (Koli) V/S State Of Gujarat

Coram: Justice SH Vora and Justice Rajendra Sareen

Case No.: C/SCA/10226/2022

Court Observation: “Simplicitor registration of FIR/s by itself cannot have any nexus with the breach of maintenance of public order and the authority cannot have recourse under the Act…without drawing distinction between “law and order” problem and “public order” problem as mentioned under the PASA Act.”

“No need to say when a citizen is deprived of his personal liberty by keeping him behind the bar under the provisions of the PASA law without trial by the competent court, the detaining authority is required under the law to justify its action and in absence of reply/counter affidavit, the averments made in the petition remain unchallenged and uncontroverted.”

“In this connection we must draw a line of demarcation between serious and aggravated forms of disorder which directly affect the community or injure the public interest and the relatively minor breaches of peace of a purely local significance which primarily injure specific individuals and only in a secondary sense public interest. A mere disturbance of law and order leading to disorder is thus not necessarily sufficient for action under the Preventive Detention Act but a disturbance which will affect public order comes within the scope of the Act.”

Previous Posts

Kerala High Court Quashes Suspension Order Against College Professors Finding Their Suspension ‘Premeditated’

S.18 Drugs & Cosmetics Act: Jurisdiction To Try Offence Of Manufacturing Sub-Standard Drug Lies Where Sale Is Completed: Telangana High Court

Circumstances Not Put To An Accused Under Section-313Cr. P.C. Cannot Be Used Against Him: High Court Of Tripura

Reimbursement Of Medical Claim By Govt Employees Should Not Be Denied Mechanically: Gujarat High Court Reiterates

Mofussil Pleadings Are To Be Considered As A Whole, Liberally & Must Be Construed Reasonably: Tripura High Court

Bombay High Court Disallows Maratha Community Candidates To Avail Retrospective Benefits Under EWS Category In MSEDCL Recruitment Drive

Mere Presence Of Husband In House With Wife In A ‘Hanging Position’ Not Sufficient To Presume His Guilt: Tripura High Court

Adverse Entry Against Govt Servant In Confidential Report Can’t Be Acted Upon Without Furnishing It To Him To Enable Effective Representation: Tripura HC

Charge Framed Against Accused Must Be Established Beyond Any Shadow Of Doubt, Suspicion However Grave Not Proof: Tripura High Court

S.4 Contract Act | Party Can’t Dispute Legally Enforceable Liability Until ‘Communication’ Regarding Termination Of Contract Is Complete: Sikkim HC

Clause Every Effort To Arbitrate; Must Be Referred To Arbitration: Calcutta High Court


Numerous Preventive Detention, Stale Material, NDPS Accused