The Gujarat High Court at Ahmedabad has quashed the preventive detention order passed against Devendar Rajuram Balai (Meghval), who was detained as a bootlegger under the Gujarat Prevention of Anti-Social Activities Act, 1985.
The detention order dated 08 August 2025 was issued by the Commissioner of Police, Vadodara City. The petitioner challenged the order before the High Court, arguing that his detention was not justified under the law.
The petitioner’s counsel, O.I. Pathan, submitted that the grounds of detention had no nexus with “public order” but were merely related to “law and order.” He argued that the offences registered against the detenue could not be considered as affecting the maintenance of public order as defined under Section 3(4) of the 1985 Act.
It was contended that the alleged offences under the Prohibition Act were local in nature and did not disturb the even tempo of life of the community at large.
On the other hand, Ms. Vrunda Shah, APP, representing the State, opposed the petition. She argued that the detenue was a habitual offender whose activities had a direct impact on society. According to the State, the detention was necessary to prevent him from acting in a manner prejudicial to the maintenance of public order in Vadodara City.
The Bench of Justice Ilesh J. Vora and Justice P.M. Raval examined the records and submissions. The Court noted that the detention order was based on cases registered under Sections 65(E), 81, 83, 98(2), 108, and 116B of the Prohibition Act.
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However, the Court observed that mere involvement in prohibition offences could not justify preventive detention unless it disturbed public order. Referring to the Supreme Court’s rulings in Piyush Kantilal Mehta v. Commissioner of Police, Ahmedabad and Pushkar Mukherjee v. State of West Bengal, the judges highlighted the distinction between law and order and public order.
“A mere disturbance of law and order leading to disorder is not necessarily sufficient for action under the Preventive Detention Act. Only when the disturbance affects the community or injures the public interest can it be termed as affecting public order.” – Gujarat High Court quoting SC precedents
The Court further stated that while the petitioner might be punishable for the alleged offences, his actions could not be said to have created insecurity, panic, or terror among the general public.
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Concluding that the detention was not supported by sufficient material, the High Court held that the subjective satisfaction of the detaining authority was not legal or valid.
“The material on record is not sufficient to hold that the activities of the detenue have affected or are likely to affect the maintenance of public order.” – Gujarat High Court
Accordingly, the Court allowed the petition, quashed the detention order dated 08.08.2025, and directed that the detenue be released immediately unless required in any other case.
Case Title: Devendar Rajuram Balai (Meghval) through Narayanlal Rajulal Balai vs. State of Gujarat & Ors.
Case Type: Special Criminal Application No. 11493 of 2025
Date of Order: 28 August 2025
Petitioner (Detenue): Devendar Rajuram Balai (Meghval)
Respondents: State of Gujarat & Ors.
