Gujarat High Court Distinguished Between Public Order and Law and Order; Releases Detenue under NDPS Act
Case: Manoj @ Munnabhai Ashwinbhai Somabhai Parmar Versus Director General Of Police
Coram: Justice AP Thaker
Case No.: C/SCA/19226/2021
Court Observation: “Unless and until, the material is there to make out a case that the person has become a threat and menace to the Society so as to disturb the whole tempo of the society and that all social apparatus is in peril disturbing public order at the instance of such person, it cannot be said that the detenue is a person within the meaning of section 3(1) of the Act,”
“The mere successful obtaining of anticipatory bail/bail orders being the real ground for detaining the Detenu, there can be no doubt that the harm, danger or alarm or feeling of security among the general public spoken of in Section 2(a) of the Telangana Prevention of Dangerous Activities Act is make believe and totally absent in the facts of the present case.”
“However, in the present case, prima facie doubtful as to the involvement of the detenu which may fall under the definition of Illicit Trafficking in NDPS Act under Section 2(e).”
“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.”
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