Preventive Detention under PASA Quashed: Distinction Between Law & Order and Public Order Reiterated.


21-August-2025 Criminal Appeals & Suspension of Sentence >> Criminal Law  

In Punjilal Fulaji Bhagora Through Shilpa v/s State Of Gujarat & Others, the petitioner contested the detention order dated 04.08.2025 after being arrested as a "bootlegger" under the Gujarat Prevention of Anti-Social Activities Act, 1985. The authorities argued that his actions endangered public order and cited a single prohibition case filed against him.

 
 

The Court pointed out that public order disturbance is not always the result of simply registering offenses related to prohibition statutes. It reaffirmed the difference between "law and order" and "public order," citing cases such as Piyush Kantilal Mehta v. Commissioner of Police and Pushkar Mukherjee v. State of West Bengal. Preventive detention cannot be justified until a bootlegger's actions incite general public fear, panic, or insecurity.

The Court determined that the detaining authority's subjective satisfaction was not legally sustainable because the alleged activities were limited to law and order matters and had no connection to public order. As a result, the petitioner was ordered to be released, unless otherwise required, and the detention order was revoked.